Nursing home injuries are increasingly common in the United States, and one of the most grotesque forms of abuse and neglect. Whether it is yourself or a loved one who has been injured, you do have rights under the law. After an injury or abuse has occurred, you may consider filing a lawsuit against the nursing home as well as the staff members responsible for the injuries. In these types of cases, punitive damages could be awarded. But, before you can assess if your case is suitable for punitive damages, you need to understand their purpose, and when they are likely to be awarded.
In a personal injury claim, there are two main categories of damages: Compensatory damages and punitive damages.
The trickiest part for requesting punitive damages is proving your case for these types of damages. At trial, there are legal elements that you must establish for compensatory damages, which include:
In addition, you would need to show that the defendant’s actions were grossly negligent, intentional, or even malicious in nature. To do that, you would need to prove that the offender purposely inflicted harm or was grossly negligent. Gross negligence refers to a legal concept that means extreme carelessness. The individual must have deviated from the standard of conduct that a reasonable person would have exhibited and knew that there was a likelihood for foreseeable grave injury or harm, but did nothing to stop it.
If you or a loved one was injured in a nursing home abuse or neglect case, contact Malman Law to explore your options. Our attorneys understand the emotional, physical, and financial hardship associated with these types of claims, and we want to assist you with yours. Call us today for a free consultation, or fill out our online contact form with your legal questions.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023
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