Another question that we often get is, “how do you calculate compensation in a nursing home neglect or abuse case.” Compensation for injuries due to the negligence or abuse of a nursing home come in two forms: special damages and general damages. Damages are another word for ‘compensation.’
Valuing a case based on special and general damages in a nursing home case can be very different than other personal injury cases. For example, in a typical motor vehicle accident, special damages, that is compensation for medical bills, prescription drug costs, and lost wages, is a driving factor in case value. However, in nursing home cases, special damages may be very low. As such, pain and suffering, loss of life, and loss of value of life are going to be some of the biggest drivers in nursing home negligence case value.
So, for example, in a recent case that we had, an 89-year-old nursing home resident fell down and hit her head. The nursing home staff did not notice her change in mental status and therefore did not take her to the emergency room immediately. Unfortunately, the resident suffered massive internal injuries and died a few days later. In this case, the medical bills were not very high. However, we were able to settle a case for over half a million dollars based on the pain and suffering that incurred the resident occurred during the last two days of her life.
In some cases, if the nursing home resident is very negligent, or the conduct is wanton or intentionally malicious, then punitive damages may also be sought. While general and special damages are provided to compensate the injured person, punitive damages are awarded to punish the wrong-doer and prevent further incidents.
If your loved has been injured while residing in a nursing home, and you are not sure to what compensation you may be entitled, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free.