More and more elderly citizens are being moved to nursing homes and similar facilities. In fact, statistically speaking, roughly two million people in the US live in nursing homes at the present time. The bad news is that many of these elderly citizens are abused or neglected. If you’re suspecting that a loved one has been the victim of neglect, then, looking for reliable nursing home abuse lawyers might be a good starting point. But the question that follows is what must be proven for such a lawsuit to be successful?
Demonstrating the Case
At trail, you ought to demonstrate that your claim is based on accurate events. Basically, your lawyer will have to prove that the legal claims are genuine. Usually, the following must be proven: that the nursing home failed to offer the duty of care that was owed to the nursing home residents. In addition to that, to win a nursing home neglect lawsuit, your attorney should indicate that the resident experienced a given degree of harm as the nursing home failed to do its job.
On the other hand, in the case of abuse, the specifics of a lawsuit might differ; however, the differences aren’t necessarily paramount.
Different Types of Damages
It is also important to demonstrate the type of damage suffered by the resident, as there are several types: namely emotional distress, mental pain and suffering, physical pain and suffering and the expenses of medical treatment. In addition to that, when it comes to claimed damages, one might also factor in lost wages or lost income. Nonetheless, these don’t regularly apply in the case of nursing home residents, as they don’t have a job.
Aside from compensatory damages, the court may also consider awarding punitive damages. In comparison with compensatory damages, punitive damages are intended to punish a defendant, and to prevent similar behavior in the forthcoming future.
One cannot attempt to prove something without the existence of evidence. This is worth noting. Concurrently, the documentation of neglect can be presented in several forms: photographs of the resident’s bruises or injuries (if that’s the case), diaries – kept either by the resident or by a close family member, notes outlining conversations with staff members at the facility, photographs of the medication that has been prescribed to the resident.
Other evidence that could come in handy might come in the form of notes or personal observations regarding the well-being – both physical and emotional, of the resident.
The bottom-line is that, regardless of the type of scenario you’re dealing with, offering as much evidence as possible is paramount, as this will be used to demonstrate your claim. Only if there is adequate evidence will the court consider awarding damages. To that end, make sure you discuss this issue with your chosen attorney, to ensure that you maximize the likelihood of filing a successful lawsuit. In this way, you can make justice for your loved one!