Damages in Florida Nursing Home Abuse & Neglect Cases

Damages in Florida Nursing Home Abuse & Neglect Cases

When a nursing home fails to provide adequate care, the associated injuries and resulting damages can be devastating. If you can prove that your loved one was abused or neglected and that said neglect or abuse caused injury or death, your family may be entitled to compensation.

Let’s examine the kinds of damages that might be recoverable by filing a nursing home abuse claim in Florida:

1. Medical Expenses

In personal injury cases, Florida allows for the recovery of medical expenses that are incurred as a direct result of the tort. For claims involving nursing home abuse, families may seek compensation for:

  • Hospital bills;
  • Prescription medication;
  • Office copays;
  • Transportation to and from doctor’s appointments;
  • Physical therapy;
  • Counseling; and
  • Home care or skilled nursing care at another facility.

2. Lost Earning Capacity

Because most nursing home residents don’t actually work, they’re not usually entitled to recover lost wages. Sometimes, however, younger individuals move into long-term care facilities to recover from invasive surgeries or serious illnesses.

These residents often have every intention of returning to the workforce someday. If they suffer abuse or neglect, though, and they’re no longer able to earn the same level of income as a result, they may be entitled to compensation for the earnings they would have made over the course of their career.

3. Non-Economic Damages

Nursing home abuse victims are entitled to seek funds for their non-economic damages like pain and suffering and loss of life enjoyment. A skilled attorney can help your family estimate a fair value for these subjective losses.

4. Punitive Damages

Nursing home cases involving neglect don’t usually warrant punitive damages. Those that involve downright abuse, however, may call for a punitive award.

Unlike compensatory damages, which correspond to losses that the victim actually incurred, punitive damages punish the defendant for gross negligence or intentional misconduct. They also aim to deter other facilities from allowing—or merely ignoring—such transgressions. In nursing home abuse claims, Florida generally caps punitive awards at $500,000 or three times the total compensatory damages, whichever is greater.

What Kinds of Damages May Be Recoverable When Someone Dies from Nursing Home Abuse?

If your loved one died as a result of the abuse or neglect he or she suffered at the hands of nursing home staff, your family may have grounds for a wrongful death claim. Such claims, when successful, can yield compensation for:

  • Loss of support, companionship, guidance, and protection;
  • Funeral and burial expenses;
  • Medical expenses; and
  • Lost earnings like pension distributions.

Discuss Your Case with a Nursing Home Abuse Attorney in St. Petersburg

To find out if your family has grounds for a nursing home abuse claim, turn to Emerson Straw. Our resourceful team of attorneys has recovered more than $27 million for clients in successful personal injury and wrongful death cases. Call (727) 821-1500 or fill out our Contact Form to schedule a free consultation with a nursing home abuse lawyer in St. Petersburg.