Free Consultations | Tap To Call Today: 1.888.625.6265

nursing home resident with workerNursing 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.

The Types of Damages Awarded in a Personal injury Case

In a personal injury claim, there are two main categories of damages: Compensatory damages and punitive damages.

  • Compensatory Damages: These are designed to financially compensate the victim. They are based on actual losses, such as those calculated from medical bills, out-of-pocket expenses, and lost wages. The purpose of compensatory damages is to return the injured party financially to where they were before the injury. In addition to the calculated damages, a plaintiff can request other compensatory damages, such as pain and suffering. In the case of nursing home abuse, some damages that may be awarded would include emotional trauma, additional medical costs, pain, financial losses due to relocating the injured party, hospitalization, surgeries, or other costs associated with medical complications.
  • Punitive Damages: Punitive damages are not designed to financially compensate the plaintiff for losses. Instead, they are designed to punish the defendant for his or her actions. Most personal injury cases do not qualify for punitive damages. However, they may be more common in nursing home abuse and neglect cases, especially when the court wants to make an example out of a negligence or malicious act conducted at a particular facility. For example, if a nursing home allowed an employee to physically abused residence, this malicious behavior – combined with the gross negligence of the facility – would almost guarantee punitive damages.

Proving a Case for 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:

  1. Showing the nursing home owed a duty of care to the plaintiff.
  2. The nursing home breached that duty of care.
  3. The resident suffered harm because of the breach of duty.

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.

Speak with an Attorney Regarding Your Nursing Home Abuse Case

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.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

Client Review

  • "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
View More Testimonials

Know Your Rights!

Why People Choose Malman Law

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

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience
close
Need Help
After Hours?

Paralegals Available
24 Hours A Day To
Speak With you

No Matter The Time, We’re Here To Help!
1.888.625.6265
Click to Call Now