Nursing home abuse can profoundly impact a resident and their family members. It can also be quite costly, not just financially but emotionally as well. In addition to facing criminal charges, those who abuse residents in nursing homes could potentially be held accountable for the plaintiff’s damages in civil court as well.
Florida law gives nursing home residents and their families the right to sue over nursing home abuse. Under this law, you may be able to receive compensation for your damages or the damages of a relative.
However, the value of a nursing home case in Florida is determined by many factors, such as the plaintiff’s damages, the evidence in the case, and the potential for the case to settle before going to trial. By hiring a seasoned nursing home abuse attorney, you could increase your chances of receiving fair compensation for yourself or your aging loved one.
Calculating Damages in a Florida Nursing Home Lawsuit
The value of a nursing home case in Florida is mainly based on the damages suffered by the plaintiff and their attorney’s ability to prove the damages and the defendant’s liability for them. Compensable damages typically include both economic and non-economic damages.
Economic damages are objective and include medical expenses, property damage, and other financial losses. On the other hand, non-economic damages are subjective and may include pain and suffering, disfigurement, emotional distress, and mental anguish. Plaintiffs and their families should discuss all their potential damages with an attorney to ensure they include them in their lawsuit.
A plaintiff in a nursing home abuse case could also possibly receive punitive damages. These damages are set apart from compensable damages, as they awarded with the purpose of punishing the defendant for their actions rather than reimbursing the plaintiff for specific losses. To receive punitive damages, a plaintiff must have strong evidence that the defendant committed an act defined by gross negligence or intentional misconduct.
Punitive damages are based on the defendant’s financial worth. If the jury decides to allow a claim for punitive damages, then discovery could be conducted to determine the financial worth of the defendants. With the assistance of their lawyer, a plaintiff could then ask for punitive damages based on the defendant’s capacity to pay.
Damage Caps in Florida
In some states, the amount of compensation a plaintiff can receive is impacted by laws that limit the plaintiff’s damages. Often referred to as damage caps, these limits are a part of tort reform. However, these caps are often unfair to plaintiffs who have endured extreme damages.
Florida plaintiffs do not have to worry about this, since damage caps were ruled unconstitutional in June of 2017. As per Florida Statute §766.118, the worth of a nursing home case in Florida is not partially pre-determined by the law, but rather determined in a settlement negotiation or by a jury.
Contact an Attorney for Help Valuing a Nursing Home Case in Florida
One of the most common questions asked by potential nursing home abuse plaintiffs and their families regards the calculation of the value of their nursing home case in Florida. By consulting with an experienced lawyer, you could be provided with an estimation of how much your case may be worth and what damages you may be able to claim.
Take action against those who caused undue and inhumane pain and suffering to you or your elderly loved one in a nursing home. Call an attorney today to get your case started.
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