Miami Personal Injury Lawyer Blog
The nursing home environment is often the most engaging and safest place for individuals who cannot live independently because of age-related medical conditions or dementia. Fortunately, there are many options available depending on the resident’s needs. The Florida Health Care Association (FHCA) reports that there are 691 nursing homes licensed to operate in the state, representing almost 84,500 beds. Facilities range from group homes and assisted living to memory care units and skilled nursing services.
Most nursing homes provide quality care as expected, but there are serious consequences for those that fail in their legal duty. Residents can suffer serious harm, which is why Florida law protects them by providing legal recourse. You may qualify to recover damages, either on behalf of a loved one or for injuries to you. There can be challenges with compensation, so count on a Miami nursing home abuse and neglect lawyer to ensure you receive a fair amount. Some background information is useful for understanding damages.
Basics of Monetary Damages
The point of a personal injury case is to put the victim in the same position as if the injury-causing incident had never occurred. There are two categories of compensation that aim to achieve this goal.
- Economic damages are the tangible losses that a victim sustains, such as medical costs for treatment and lost wages from being unable to work.
- Some losses are personal and subjective, and they are not measurable by a dollar value. Noneconomic damages include pain and suffering, emotional distress, and other losses that affect quality of life.
Compensation Challenges with the Elderly
A claim for nursing home abuse and neglect is a type of personal injury case, so damages operate in the same way. However, from the above description, you can see how there are hurdles with nursing home residents. For instance:
- A resident at a nursing home will not be working, so there is no recovery for lost wages.
- Assessing pain and suffering can be complicated, especially when dementia or other medical conditions have already affected the resident’s quality of life.
- The life expectancy of an older person can also affect some damages that are based upon the remaining years a victim has left.
Legal Help for Nursing Home Abuse and Neglect Claims
You may come across challenges with pursuing a case, but they can be overcome with help from a lawyer. An important strategy will be working with medical experts who have experience helping prove pain and suffering even when the victim is elderly. Experts are useful for both settlement discussions for nursing home abuse and neglect claims, as well as in court.
Our Miami Nursing Home Abuse and Neglect Attorneys Will Serve Your Needs
You can see that damages are challenging, so trust Gerson & Schwartz, PA, to fight for the compensation you deserve. Please call (305) 371-6000 or go online to set up a free consultation today. A skilled nursing home abuse and neglect lawyer will meet with you at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
