Damages for Kansas City Nursing Home Abuse
Sadly, thousands of nursing home residents are abused or neglected each year in Kansas, Missouri and throughout the United States. Holding nursing homes and individuals responsible for the abuse and neglect is important. It sends a message that families, law enforcement agencies, and the courts will not tolerate elder abuse or neglect.
The filing criminal charges or regulatory actions is one way to hold individuals responsible for nursing home abuse. Another mechanism is our civil justice system. With the help of a nursing home abuse attorney, you can file a lawsuit that seeks to hold the nursing home responsible for damages and losses suffered from negligence.
Filing a Nursing Home Abuse Claim
Individuals who are injured because of nursing home abuse or neglect may be entitled to compensation for their injuries, losses, and damages. If your loved one passed away at a nursing home due to neglect or abuse, you may have the right to bring a wrongful death claim on his or her behalf.
Given the complexity and seriousness of these cases, perhaps the most important step to take is to contact an experienced Kansas City nursing home abuse attorney. The attorney investigates the claim, gathers evidence of abuse, identifies the liable parties, and files a claim for damages.
Some nursing home abuse claims are settled directly with the facility or its insurance provider. Claims that cannot be settled through negotiations or mediation may need to be settled through the courts. In those cases, you need a nursing home abuse attorney in Kansas City to file a personal injury lawsuit against the nursing home and individuals who might be liable for damages.
Calculating the Value of a Nursing Home Abuse Case
Calculating the settlement value of a Kansas nursing home abuse claim or a Missouri nursing home abuse claim can be difficult. Several factors must be considered when determining what a nursing home claim is worth.
Factors that impact the value of a nursing home abuse claim include:
- Type and Severity of Injuries
Did your loved one die due to nursing home negligence? Did they suffer injuries from a fall or from bedsores? The severity and type of injuries have a direct impact on the medical expenses required to treat the injury. It also has an impact on future medical care and personal care expenses. The more severe an injury, the more likely the expenses will be higher, which increases the value of the claim.
- Permanent Disabilities and Impairment
A patient is also entitled to compensation for pain and suffering. The severity and type of injury can impact the value of pain and suffering damages, but whether the patient suffers a permanent impairment also impacts pain and suffering damages. Likewise, a permanent disability or impairment also increases the cost of future care, which can increase the value of a nursing home claim.
To recover compensation for damages, you must prove negligence and fault. If you have a weak case, the value of the claim may decrease because the nursing home knows that taking the case to court might result in a complete denial of claim. The nursing home may offer a lower settlement amount if there are sound reasons to doubt who is at fault for the patient’s injury.
- Conduct of the Nursing Home or Individuals
Punitive damages are only awarded in a small number of cases. These damages are intended to “punish” parties who are grossly negligent or acted with a willful, wanton disregard for another person’s safety, health, or life. If you can prove the elements required for punitive damages, it increases the value of your claim.
- Statutory Caps on Compensation
The jurisdiction for the case can impact the value of a claim. Some states place a cap on the compensation individuals may receive for personal injury claims.
Kansas law imposes caps on compensation for noneconomic damages (pain and suffering damages). However, earlier this summer (2019), the Kansas Supreme Court ruled that caps on certain damages awarded by juries were unconstitutional.
Missouri does not have caps on compensation, except in medical malpractice wrongful death cases.
- Hiring a Nursing Home Abuse Attorney
Whether you hire an experienced nursing home abuse attorney in Kansas City can also impact the value of your claim for several reasons.
One way is that insurance companies and defense attorneys are familiar with experienced personal injury attorneys in the area. They know which attorneys have more experience handling these types of claims and which attorneys settle claims for lower amounts to avoid going to court. Hiring an experienced attorney who is not afraid to take your case to court can encourage an insurance provider to increase a settlement offer if it does not want to take the matter to trial.
Hiring an attorney also means that you have an entire legal team working to investigate the nursing home abuse and gather evidence proving fault and damages. An attorney also understands the legal requirements for a claim and how to present strong arguments in favor of maximum compensation for your claim.
Contact a Kansas City Nursing Home Abuse Attorney for More Information
Each personal injury claim is unique. One or more of the above factors can greatly impact the value of the claim. There could be other factors that affect what a nursing home claim is worth.
The Law Office of Kevin J. McManus provides personalized legal services for each client. We do not treat our clients as cases or files. We recognize that our clients have suffered greatly because of the negligence and wrongdoing of others. Therefore, we strive to provide compassionate service while aggressively fighting to protect your right to a fair and just outcome.