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AVAILABLE 24/7 (866) 236-5474 Individuals and families trust nursing homes to provide a safe place for them or a loved one to live. Unfortunately, nursing homes breach this trust, and the residents are subject to nursing home abuse. If you or a loved one have suffered abuse, contact a Miracle Mile nursing home abuse lawyer.
Nursing homes and their employees are responsible for the abuse that occurs to the home’s residents. You are entitled to hold them liable and recover damages for any nursing home abuse you or a loved one has suffered. An experienced attorney could increase the chance of a successful lawsuit.
Abuse in nursing homes could result in life-threatening injuries or negative emotional impacts. The defendant could be responsible for economic or non-economic damages resulting from nursing home abuse. Victims subject to abuse resulting from reckless or willful actions could also seek punitive damages from the defendant.
Nursing home abuse could result in the victim, or their family, incurring extra expenses known as economic damages. Economic damages cover anything not related to the physical damage caused by the abuse. These expenses include:
Additionally, you could recover attorney fees incurred in hiring an attorney to pursue a Miracle Mile nursing home abuse lawsuit. An accomplished attorney could help the plaintiff establish their right to economic damages.
The victim of nursing home abuse may suffer physical damages or emotional damages, sometimes both. As a result, the defendant is liable for any pain and suffering they incurred due to the abuse. Non-economic damages are awarded in addition to economic damages and focus solely on the victim’s suffering.
Non-economic damages take into account the impact the abuse has on the victim’s quality of life. To determine the nursing home abuse’s effect, the victim’s life before the abuse is compared to their life afterward. Should their quality of life be diminished, damages are awarded.
Nursing home abuse arising out of the willful or oppressive actions of the nursing home or their employees entitled the victim to exemplary damages. Exemplary damages punish the defendant for their wrongful actions.
Under California Civil Code §3294, an employer is liable for their employees’ actions when they knew about their employee’s willful or oppressive actions. Therefore, when a nursing home is aware of nursing home abuse, they are liable to the victim for exemplary damages.
The individual who suffered the abuse can always bring the lawsuit on their behalf. However, there are times when the victim cannot bring the lawsuit due to health or age. As a result, another person may lead the lawsuit for the victim.
Generally, a family member can bring a lawsuit on behalf of the victim, and any damages recovered are given to the victim. If the court does not feel comfortable with the family member leading the lawsuit, a legal guardian is appointed to represent the victim’s interest. Contact a Miracle Mile attorney for help suing on behalf of a nursing home abuse victim.
An experienced attorney could help you recover for nursing home abuse suffered by you or a loved one. A Miracle Mile nursing home abuse lawyer could increase the chance of a successful lawsuit.
For help holding the defendant responsible for nursing home abuse, contact our firm today. With our firm’s help, you could recover the damages for the abuse you or a loved one experienced.
Benji Personal Injury – Accident Attorneys, A.P.C.
