COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.

Learn more x
Free Consultations | Tap To Call Today: 1.888.625.6265

Speak to a Lawyer 24hrs a Day


Free Consultation, Call Now!

How to Prove Damages in a Nursing Home Abuse Case

Schedule Free Case Review

Free Case Reviews

Please fill out the form below and a representative at Malman Law will contact you within 24 hours to discuss the specifics of your personal injury case.

Monday, August 13, 2018

How to Prove Damages in a Nursing Home Abuse Case

Each year, the number of nursing homes and residents in the United States increases.

In fact, the Centers for Disease Control and Prevention (CDC) state that there were 15,600 homes in 2014 and the number of nursing home residents in 2014 was 1.4 million. These numbers are only expected to increase as the aging population increases.

Unfortunately, finding enough qualified care professionals or nursing homes that are not filled are decreasing. More residents are finding themselves in overfilled nursing homes without the staff to handle their care needs.

There has been a correlation between the increase in nursing home residents and nursing home abuse/neglect cases. If you find yourself in the unfortunate position of having to file a claim for nursing home abuse, you need to know specifics about the process – especially when it comes to claiming damages. It is best to consult with a nursing home abuse attorney because they can review your case and better determine what damages you are eligible to receive as well as collect evidence to prove their legitimacy.

What Damages Can You Claim in a Nursing Home Abuse Case?

The damages you might recover in a nursing home abuse case depend on the statute and the extent of the injuries. When a nursing home breaches federal or state safety guidelines, they are liable for the injuries they cause. Victims of the abuse can seek damages against a nursing home, caregivers, and other parties responsible for their injuries.

Some of the damages that a victim might claim include:

Medical Expenses

If a nursing home caregiver or facility abuses a resident, and that abuse results in medical treatments, the nursing home is liable for the costs of those treatments. Nursing homes may pay the following damages in an elder abuse claim:

  • Prescription and over-the-counter medication costs
  • Hospitalization fees
  • Surgery costs
  • Physical and rehabilitative therapy
  • Psychotherapy
  • Transportation to and from physicians’ offices
  • Ambulance transportation
  • Doctor’s visits

Lost Wages

In a typical injury case, the injured party might seek damages for wages lost while they recover from their injuries. Nursing home residents do not work, but their loved ones do. If a loved one must quit their job to care for their family member who was abused personally, they may seek damages under exceptional circumstances.

Also, if the nursing home resident does work, they may seek compensation for the hours missed or inability to work in the future because of their injuries.

Cost of Relocation

In nursing home abuse cases, the victim is often moved to another nursing home. This might involve new administration fees, residential fees, and the cost of transporting their personal property to the new nursing home. Residents or family members may claim these costs in their lawsuit. Also, fees paid to the nursing home during the time of abuse may be eligible for a refund.

Pain and Suffering

Any victim that suffers physical and emotional pain can receive damages from the person responsible. These are non-economic damages that are based on the severity of the injury and the long-term damage done to the victim.

The more serious the injury and abuse, the higher the non-economic damages will be. If you can prove that your loved one suffered greatly and that they will be affected for the rest of their life from that abuse, the pain and suffering damages may increase.

Punitive Damages

Punitive damages are a particular category of damages that will not apply in all abuse cases. Punitive damages are seen in cases where the act exceeds ordinary negligence, and the courts feel that the defendant deserves a punishment. When staff maliciously or deliberately abuse nursing home residents, this can qualify for punitive damages.

To recover punitive damages, your attorney must show that the defendant knowingly or intentionally abused the victim. Punitive damages are not designed to compensate the victim; therefore, they are not based off the medical costs, lost wages, and other tangible losses. The court decides the proper amount of punitive damages based on the severity of the malicious or intentional acts.

Proving Your Damages

While you are entitled to multiple categories of damages in an injury case, you must show the validity of the damages you request.

You must not only prove that your loved one suffered harm, but that the nursing home caused that harm to have a valid claim. Once you have established the nursing home is at fault, you must prove your damages – showing the court that you have the right to collect the amount of compensation you are requesting.

The evidence you need to support your damage claim can vary depending on the type of abuse. The more documentation you have, the easier it will be to get the compensation you deserve.

Some evidence you can use to help prove damages include:

Medical Records

You can establish when the abuse started and the extensiveness of that abuse through medical records. Once your loved one began receiving treatments for their abuse, such as broken bones or lacerations, you have the paper trail showing the medical costs associated with the injuries.

You will also have health insurance billing records, prescriptions, doctor’s office visits and notes, and treatment plans that you can use to prove your requests for medical expense compensation.


Photographs of the bruises and other injuries will help establish that your loved one suffered injuries. They will also help the judge or jury visualize how severe those injuries were. This helps prove your request for medical compensation, pain, and suffering.


Your loved one might keep a journal outlining the abuse. This diary might describe who was responsible for the abuse, when it happened, and how it impacted your loved one’s quality of life, emotions, and mental state.

Personal Observations from Family Members

Your personal observations as you care for your loved one or when you suspected abuse could also help prove your case. You can discuss the emotional or physical changes you saw in your loved one, their living conditions, and what led you to suspect abuse.

Investigative Reports

When you suspect nursing home abuse, you report it to the local authorities. Not only would you have a police investigation, but the state’s health department is likely to investigate as well and issue their findings in an official report. You can use both reports to prove the conditions of the nursing home, staff, and anyone found guilty of abuse.


If you want compensation for costs like transportation to and from doctors’ offices or the cost of relocating your loved one to another nursing home, you need to document how much you spend out-of-pocket and keep receipts to prove these were valid charges.

Working with an Attorney Is Critical

Nursing home abuses can be hard to prove, especially when the abuse is allowed to go on for several months before it is detected. Medical expenses that you thought were unrelated could then be identified as stemming from the injury. And sometimes witnesses or evidence is harder to track once a few months pass by.

It is best that you consult with an attorney that handles nursing home abuse cases to explore your options. An attorney can identify what damages your loved one could receive and also help prove that these damages are valid in your claim.

Furthermore, your attorney identifies all liable parties for the abuse, ensuring that not only the abuser but their employer and the nursing home are held accountable for allowing an abusive caregiver into their facility.

Contact an Attorney for Your Consultation Today

After you have reported the suspected abuse, contact Malman Law to explore your legal options. We fight for victims of nursing home abuse, and we ensure that our clients receive the compensation they need to recover from this heinous crime.

Contact us today to schedule a free consultation with our attorneys at 888-307-7068 or request more information online.

Related Posts

Why People Choose Malman Law

You’ll want your lawyers to be this good.
You’ll want our experience on your side.
  • Icon

    Credibility & Experience

    25,000+ Cases over 25 Years
  • Icon

    Track Record of Success

    25,000+ Cases over 25 Years
  • Icon

    Team of Litigation Lawyers

    25,000+ Cases over 25 Years

Know Your Rights!

  • img

    They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

  • img

    I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!

    - Cheryl Wagemann

  • img

    I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!

    - Elvira G.

  • img

    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

  • img

    I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!

    - Devin Jones

  • img

    Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!

    - Annie Ong

  • img

    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

    - Eugenia Cathery

  • img

    They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.

    - Omolewa Snyder

  • img

    I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

    - Trevor Harris

  • img

    Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.

    - Ernest Pitts

  • img

    Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.

    - Ariel Fleming

  • img

    I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!

    - Carmen Rivera

  • img

    Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!

    - Greg Gustafson

  • img

    Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.

    - Malak St.Clair

  • img

    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.

    - Devri Lott

  • img

    I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.

    - Adrian Lopez

  • img

    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

    - Vanessa Leon

  • img

    Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

    - Nyah Vuljanic

  • img

    This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker

    - Jeff Walker

  • img

    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.

    - Steve Acosta

  • img

    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

  • img

    Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

    - Jose Cruz

  • img

    Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!

    - Meagan Cruz

  • img
    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

    - Eddie Villarreal

  • img

    I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!

    - Madissen Miller

  • img

    Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!

    - Christina Ocon

  • img

    Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!

    - Adriana Martinez

  • img

    So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!

    - Virgil Sanner

  • img

    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

  • img

    My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

View more testimonials

What’s your case worth? Submit for a free case review


2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim