For most nursing home neglect and abuse cases, the principal item of damages will be general damages. These are often referred to as ‘pain and suffering.’ Pain and suffering damages are a reflection not only of the amount of physical, mental, and emotional harm that was caused by the injury, but how the injury will affect the remainder of our loved one’s life.
So, for example, if the nursing home neglect caused bed sores, which in turn caused sepsis or infection in your loved one, which then resulted in loss of limb, then the general damages have the potential to be large. In this example, there is the physical pain of the ulcers, having to endure the amputation, and then live out the remainder of life without the use of that appendage.
Another item damages are special damages. Special damages include the medical bills incurred due to the injury, among others. Your loved one is entitled to be compensated for such medical expenses and bills, if they are a direct result of the nursing home’s negligence or abuse.
In rare instances, where there has been intentional or wanton conduct by the nursing home, a court may award punitive damages. While general and special damages are awarded to compensate your loved one for injuries, punitive damages are awarded to punish the nursing home.
If your loved one has been injured in a nursing home or assisted living facility, and you unsure of the damages in which you may be entitled, then please, feel free to call and speak to one of our experienced Atlanta personal injury lawyers today. Our consultations are always free.