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Can my loved one recover damages for her nursing home pain and suffering?

Your love one deserves compensation for the suffering and pain of nursing home abuse

Yes. Your loved one’s physical pain and emotional suffering are probably the most significant damages that she suffered as a result of nursing home abuse or neglect and she deserves compensation for these damages.

However, before your loved one can recover financial damages for her emotional suffering and physical pain, there are two things that must be done.

First, the Value of Her Damages Must Be Proven

There are no invoices or bills that you can submit for compensation; however, you must still establish the value of loved one’s physical pain and emotional suffering before you can negotiate a settlement or demand damages in a lawsuit.

An experienced nursing home abuse lawyer can help you determine the value of your loved one’s unique damages. Some evidence to consider, however, might include:

  • Your loved one’s medical records. This may document the specific physical injuries that she suffered and help you determine how much pain she was in and could be in going forward. Additionally, a doctor or mental health professional may have documented changes in your loved one’s behavior, anxiety, or other psychological issues.
  • Information from you or other frequent visitors of your loved one. Did anyone notice any changes in your loved one? When were they noticed? What were they? Were they reported to nursing home staff or your loved one’s doctor?
  • Information from nursing home staff. Did your loved one become more fearful, did she have trouble sleeping, did she have changes in moods or behavior, or experience other symptoms? All of this information may be documented.

This information can help you come up with a fair number to request to compensate your loved one, or her estate, for the abuse or neglect that she had to endure in her nursing home.

Next Her Fair Recovery Must Be Fought For

Unfortunately, coming up with a number is not enough. You are going to have to convince the insurance company, the arbitrator, or the court of the value of these damages. To that end, we encourage you to work with an experienced nursing home abuse lawyer who will fight for your loved one’s rights and work hard to get her the fair and just damages that she deserves for the serious wrong that has been done to her. Please contact us anytime via this website or at 1-800-800-5678 to learn more.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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