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Wisconsin | FAQs

Why should my loved one pursue a civil case for nursing home negligence if she’s been hurt?

When a resident is assaulted and injured, the nursing home may be liable for any losses

If a nursing home worker acts with intent and uses force against a nursing home resident in a way that results in a physical injury, then the state may bring a criminal action against that worker. More specifically, the state may charge the worker with battery if all of the following are true:

  • The worker intentionally touched the resident.
  • The touching was harmful or offensive.
  • The touching occurred without the prior informed consent of the resident.

Criminal cases may result in bad press for the nursing home and in jail time or a fine for the worker. A criminal case may also be satisfying for the nursing home resident who was hurt and for her family who may see justice done.

However, a criminal case will not result in a financial recovery for the victim or her estate. That is beyond the scope of the criminal law system, but nursing home abuse victims still have a way to recover damages.

Victims Have the Right to Pursue Civil Cases

A civil personal injury case is different from a criminal case. In a civil personal injury case, the victim rather than the state is bringing an action for damages against the person who hurt her. Those damages could include compensation for past, current, and future:

  • Medical expenses.
  • Out-of-pocket costs (including funeral costs if the resident died as a result of the abuse).
  • Pain and suffering.

These are significant damages that can’t undo the harm that has been done to your loved one, but that can compensate her to the extent the law allows.

Your loved one has a limited time to bring a civil personal injury case. Such a case must be filed in state court before the applicable statute of limitation expires. Accordingly, we encourage you to help your loved one by finding out more about her rights today. Simply start a live chat with us now or call us any time at 1-800-800-5678 to set up a free, confidential, no obligation consultation and to learn more about recovering from this kind of nursing home abuse.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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