Our Nursing Home Case Attorney St. Petersburg Discusses Complaints Against Nursing Homes
If you are looking to prove a complaint against a nursing home, contact your nursing home case attorney St. Petersburg to help walk you through the process. When you are looking to prove a complaint against a nursing home, your nursing home case attorney St. Petersburg suggests that all the evidence of suffering or loss in the nursing home should be brought out in order to help prove the complaint. Providing as much information for the following will only help the case:
- Physical injuries that have caused pain and suffering
- Medical expenses that have been reasonable and necessary
- Harmful conditions due to being immobilized for too long
- Pain and suffering that may happen in the future
- Future anticipated medical expenses
- Mental pain and suffering
- Harmful lack of sleep
- Impairment that has caused a loss of the quality of life
Mental Pain and Suffering
Your nursing home case attorney St. Petersburg can fight for a resident living in a nursing home (or their surviving family) to receive monetary damages if they can prove that the person suffered from a loss of the quality of life, suffering, pain, or disfigurement. Damages that can be recovered for mental suffering include the following:
- Fear that the person felt in between realizing that an incident was about to occur and at the time of the actual occurrence
- Fear that person experienced after the injury about what else could have happened
- Fear for the need of future medical treatment and possibly surgery for the injury
- Stress over one’s future well-being
- Fear of a future injury
- Suffering from post-traumatic stress disorder
Loss of Quality of Life
In most states, you may be entitled to damages for the loss of the quality of life for the person who was injured. In order to qualify as a loss of the quality of life, then the injury will need to interfere with activities of ordinary life that the person participated in before the injury. Check with your nursing home case attorney St. Petersburg to see if your state qualifies for damages.
If a person living in a nursing home has been disfigured by another at the home, then they are entitled to receive damages for the injury. Everyone, including senior citizens, deserves to have their dignity intact. Disfiguring injuries can have an effect on that. Disfiguring injuries include hair loss, scars, amputation, or any change in physical appearance.
Life Expectancy Has Been Shortened
Typically a shortened life expectancy is not awarded as an injury of its own; however, the person who has been injured may still be able to receive damages for their shortened life expectancy. If the injury was serious enough to add physical and mental pain and suffering that lower the person’s life expectancy, than the jury may award more damages to the plaintiff.
An injured plaintiff may receive a structured settlement which means that the damages will be paid out over time, rather than a lump sum. For an older person, a structured settlement may be best. The payments received will not be taxed or require a financial manager. The structured settlement can even be set up in such a way that the plaintiff’s family will receive their payments if they die while they are receiving payments.
If it is found that the nursing home is at fault, then punitive damages are awarded to the plaintiff.
Damages that Surviving Members can Recover:
- Loss of their relationship
- Loss of companionship of the deceased
- Loss of guidance or parental advice
- Mental pain and suffering over the loss
- Funeral expenses
Contact a Nursing home Case Attorney St. Petersburg
For experienced and professional help, contact your nursing home case attorney St. Petersburg today from Giroux & Associates, Inc at (727) 895-5399.