Victims of nursing home neglect and nursing home abuse can experience a wide array of emotions. They may be angered, confused, depressed and stressed about their future. Many of these emotions arise out of the physical and emotional pain and suffering caused to the victim, as well as the realities of having to find a way to pay for unexpected and undeserved medical expenses. Perhaps one of the best ways to ease the burden of these aftereffects is to file a nursing home neglect lawsuit, seeking compensation for damages caused.
But what, exactly, can an individual recover through a successful claim? It really depends on the situation and the evidence the victim puts forth. However, a victim may be able to recover compensation for medical expenses, which could include incurred and expected costs for doctor visits, hospital stays, lab fees, medications and any other justifiable treatment expense. A victim may also be able to recover compensation for pain and suffering, both incurred and expected, as well as "phantom pain," mental anguish and loss of enjoyment of life.
Though the categories listed above give a victim a large area from which to recover damages, it is not a complete list. For example, a victim may be able to recover compensation for disfigurement and loss of life expectancy. It is critical to note, though, that recovering these damages are contingent upon showing negligence on the defendant's behalf and proving that the damages have been suffered.
This means that a plaintiff needs to be prepared to make convincing legal arguments backed up by witnesses and evidence. These cases are often hotly contested, so no stone should be left unturned. An experienced Florida attorney may be able to help a nursing home neglect victim prepare to battle against those who harmed him or her in an attempt to recover what he or she deserves.
Source: FindLaw, "Proving a Complaint Against a Nursing Home," accessed on Feb. 26, 2016