Individuals looking for legal counsel to help them build a case for elder abuse may want to know the specific damages they might expect to receive. Understanding the types of damages that a victim of elder abuse may obtain can help contextualize their case and provide a baseline understanding of what is realistic for their situation.
The types of obtainable damages are specified by California’s Elder and Dependent Adult Civil Protection Act, which creates the basis for elder abuse lawsuits. Consulting the best elder abuse attorney in Los Angeles can help victims understand the subtleties of the case and receive the compensation and justice they are due. Compensation classification includes pain and suffering, economic damages, punitive damages, and attorney fees and costs.
Navigating the types of compensation available to you can be a complicated process, so it’s always best to work with an elder abuse attorney. If you are interested in having a licensed attorney review your case for free, then fill out the evaluation form for your consultation. The lawyers specializing in nursing home neglect and abuse at Belgum, Fry & Van Allen work on a contingency fee, which means they get paid once you do. The sooner you can start, the better it is for you in your pursuit of justice.
Feeling and experiential sensations, also commonly referred to as non-economic damages, fall under the category of pain and suffering. This includes physical sensations, mental and emotional distress, humiliation, or disfigurement. In cases where compensation for pain and suffering is justified, lawyers specializing in nursing home neglect at Belgum, Fry & Van Allen will need to prove the extent of the pain and suffering experienced. The amount of compensation is then based on the extent of the pain and suffering.
In California, if an elder abuse case is against a healthcare provider, which a skilled nursing facility qualifies as, there is no cap on compensation by law if the victim is alive when the case concludes. However, if the victim dies before the case gets resolved, and you’re able to prove elder abuse after death, the compensation is capped at $250,000.
If a victim must pay medical bills or expenses as a direct result of the neglect or abuse they endured, the victim may be entitled to economic damages. This can also apply if the abuse or neglect caused the untimely death of the victim or if the abuse or neglect caused property damage. In all of these situations, the victim or the victim’s family would receive compensation for any medical bills, funeral expenses, or property damages. In some cases, it may even be relevant to argue for compensation for moving expenses. Though, this is far more likely to be awarded if the case goes to trial and is presented in front of a jury.
Punitive damages are damages that are paid out to punish the wrongdoer and discourage similar conduct in the future. They may be awarded upon proof that the conduct was malicious, oppressive, or fraudulent and the wrongdoer had the intention of harming or defrauding the victim.
To pursue punitive damages for cases of elder abuse in a custodial environment, a lawyer specializing in nursing home neglect will need to prove a managing agent, employer or manager, was aware of the situation and approved the misconduct before or after the fact. You must prove that the caregiver was at minimum reckless. Negligence is not enough. The damages awarded vary depending upon the defendant’s misconduct and economic status.
In elder abuse cases, the plaintiff may be compensated for attorney fees and costs by the defendant if they can prove that the abuse in question occurred. To do so, the victim must prove the defendant or wrongdoer engaged in malicious, oppressive, or fraudulent behavior to harm or defraud the victim. They must also provide clear evidence that the employer, such as the manager or supervisor, had knowledge of the abuse or neglect and sanctioned the ill-treatment. To be awarded attorney fees and costs, an attorney would essentially need to prove the same things as they would for punitive damages.
Those who believe elder abuse may be taking place should not wait to contact an attorney. Seek out the best elder abuse attorney in Orange County and the Greater Los Angeles and Inland Empire areas and consult the lawyers specializing in nursing home neglect at Belgum, Fry & Van Allen.