Richmond Nursing Home Abuse Lawyer
After making the decision to place your loved one in a nursing home, you expect the facility to provide the highest level of care to your family member. California law also expects nursing home staff members to provide quality care, and when they do not, you or your loved one can hold the nursing home liable for paying damages. These cases are not easy to prove though, as you will have to go up against the nursing home and their team of lawyers. A Richmond nursing home abuse lawyer will give a voice to you and your loved one, while also giving you the best chance of success with your case.Proving Nursing Home Abuse
Victims of nursing home abuse have many options. You can report the abuse to the California Department of Aging, or report it to the police. Neither of these options, unfortunately, will allow you to recover damages for the injuries and losses your loved one sustained. To claim this compensation, you must prove four essential elements of the case in civil court. These elements of proof are as follows:
- Duty: You must prove that the nursing home had a duty to provide a high level of care deemed reasonable for the circumstances.
- Breach: You also have the responsibility of proving that the nursing home was negligent, reckless, oppressive, or acted with malice.
- Causation: You must establish that the actions of the nursing home caused your loved one’s injuries or other losses.
- Damages: Lastly, you must also show that your loved one suffered damages, or losses, that they deserve to be compensated for.
Every element of proof is challenging to establish, particularly with the nursing home staff members and owners trying to prove you wrong. A nursing home abuse attorney in Richmond can help collect evidence that can prove your case and help you claim the damages you deserve.Damages in Nursing Home Abuse Claims
When filing a nursing home abuse claim, there are many damages you can seek. These include:
- Current and future medical expenses, including any surgeries your loved one will undergo and medication
- Pain and suffering
- Mental anguish and distress
- Property damages, for any personal items of the resident that were damaged
Punitive damages, which are meant to punish and not compensate, may also be awarded in nursing home abuse cases. These damages are only awarded when the defendant acted with gross malice or negligence, which is often the case in nursing home abuse claims. These damages are not awarded in every case, and although there is no cap on them, the amount awarded must be reasonable according to the harm suffered by the resident.A Richmond Nursing Home Abuse Lawyer can Help
If your loved one suffered injuries due to nursing home neglect or abuse, you likely have a legal claim for compensation. At the Brod Law Firm, a nursing home abuse attorney in Richmond can advise on all aspects of your case, including the damages your loved one is entitled to, and give you the best chance of success. Call us today at (800) 427-7020 or contact us online to schedule a free case evaluation.