As a society, we place a lot of trust in nursing home staff to care for our elderly and infirm. Unfortunately, this trust ends up being misplaced at an alarming rate. Nursing home abuse is a major problem in facilities across the nation. If you or a loved one suffered abuse from nursing home staff, you could be entitled to compensation.
The abuse suffered in these cases is not always physical abuse. Victims can also suffer severe psychological abuse, along with abusers taking advantage of cognitive impairments to con victims out of money and property. It’s also true that not all nursing home abuse results from direct action. Neglect is one of the most common forms of abuse in these cases.
At the law offices of McCoy & Hiestand, we know the importance of protecting those who are most vulnerable. Our team of nursing home accident attorneys in Kentucky has a long track record of securing favorable compensation for our clients. Call us or complete the contact form on this site to schedule a free case review today.
Determining Fault for a Nursing Home Abuse Injury
Determining who is to blame for nursing home abuse can be more challenging than it seems. While the facility might hold a level of liability if proper precautions were not taken to minimize the chance of abuse, identifying the abusive party can be trickier. Abusive nursing home workers often target residents with cognitive problems.
Elderly patients with dementia, Alzheimer’s disease, or another form of impairment are at the highest risk of suffering nursing home abuse. These patients can have difficulty remembering who hurt them or whether their injuries even resulted from abuse
Fortunately, an experienced nursing home abuse attorney in Kentucky can investigate your case with a focus on determining who is at fault.
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Damages You Can Recover in a Nursing Home Abuse Case
After suffering from nursing home abuse, you will likely be eligible to claim several types of damages. All compensatory damages that apply are split between economic and non-economic damages.
Economic Damages
Any losses suffered that affect your financial situation are considered economic damages. The most often claimed economic damages in nursing home abuse cases are:
- Medical costs
- Future medical expenses
- Lost savings
- Lost valuables
- Property damage
Non-Economic Damages
All other losses related to the abuse you or your loved one suffered are categorized as non-economic damages. The most often claimed non-economic damages in nursing home abuse cases are:
- Decreased quality of life
- Permanent disability
- Emotional distress
- Mental anguish
- Scarring or other disfigurements
- Pain and suffering
Punitive damages are also fairly common in nursing home abuse cases. A judge may award punitive damages if the abuse resulted from an intentional act or reached the level of criminal negligence.
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Don’t Trust the Insurance Company
You need to use caution when dealing with an insurance company after suffering nursing home abuse. Insurance providers tend to be far more focused on protecting their profits than on protecting people. These companies will go to great lengths to devalue or deny a claim. If you aren’t careful, you could find yourself without the money you need to cover your expenses.
The best defense is to decline to speak with the insurance company until you have hired an attorney. Your lawyer will take over all direct communication with the insurer, protecting you from the tricks they would otherwise use against you. Hiring an experienced Kentucky nursing home abuse lawyer is the best way to fight back and get the compensation you deserve.
Pay Attention to the Deadline When Filing a Nursing Home Abuse Lawsuit
When filing a nursing home abuse lawsuit, it is vital that you are aware of the statute of limitations in the state where the abuse occurred. In Kentucky, nursing home abuse victims are generally permitted up to a year to file a lawsuit against the liable party. If you don’t get your lawsuit filed on time, you may be out of options for pursuing compensation.
However, the details of your case may make it possible to claim an exception that would allow you to file long after the standard deadline has passed. At the same time, you could find that an exception applies to your case, which further limits the amount of time you have to submit your personal injury lawsuit.
The best way to ensure that you are aware of the deadline that applies to you is by contacting an experienced nursing home abuse attorney in Kentucky. Your lawyer will be able to determine exactly how much time you have to submit your lawsuit and make sure that your paperwork is filed on time.
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Nursing Home Abuse Cases Are Most Often Settled Out of Court
You need to understand that your nursing home abuse case is unlikely to go to trial. The vast majority of these cases conclude with an out-of-court settlement. The reason for this is that it is generally in the best interest of all parties involved. A settlement offers the ability to resolve the case quickly and avoid the uncertainty that comes with a courtroom trial.
Even though your case will likely end with a settlement agreement, it is still essential that you and your lawyer are prepared to fight for fair compensation in court. You may discover during settlement negotiations that the other party is unwilling to compromise, necessitating a trial to resolve the matter.
Speak With a Kentucky Nursing Home Abuse Lawyer Today
To put yourself in the best position to recover the compensation you need after enduring nursing home abuse, it is essential to hire an experienced birth injury attorney serving Kentucky. At McCoy & Hiestand, our team has helped countless nursing home abuse victims recover compensation for the damages they suffered.
Fill out the contact form on this website, or give us a call to get your free case evaluation today.
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