What Damages Can I Recover in a Nursing Home Abuse Case?

What Damages Can I Recover in a Nursing Home Abuse Case?

When the time comes to put your elderly loved one in the hands of nursing home staff, you can do all the research needed to ensure that you pick the right facility that will provide them with quality care. Unfortunately, nursing home abuse is much more common than we think, and there is never an excuse for it.

Washington states allow victims of nursing home abuse to pursue legal action against any party, whether it be a specific staff member or a corporation, in order to pay for damages and related attorney fees. In general, there are two categories of “compensatory damages” that your loved one or their legal advocate can pursue: economic damages and non-damages.

Economic Damages

These are the damages related to objective or physical costs associated with the abuse. They include things like:

  • Medical bills, including emergency room services

  • Future medical expenses

  • Cost of relocating the elder

  • Physical or mental health therapy

  • Attorney fees and costs

Non-Economic Damages

These are more subjective damages that require your elder abuse attorney to bring forth evidence and show how your loved one’s life and your entire family was impacted because of the abuse. Non-economic damages are awarded for things such as:

  • Pain and suffering

  • PTSD, anxiety, depression, or other psychological conditions

  • Damage to personal life

  • Lost quality of life

Award Limits

Each state has its own laws regarding award “caps,” or the maximum amount that can be awarded in a lawsuit. In Washington, a nursing home abuse victim can recover a maximum of 43% of the average annual wage in Washington multiplied by the victim’s life expectancy at the time of the abuse. (Note that the life expectancy can be no less than 15 years.)

Fighting for the Compensation You Deserve

Victims of elder abuse may lack the ability to physically defend themselves, vocalize what is happening to others, or even be unable to comprehend what is happening to them is wrong. These individuals deserve justice for the trauma they have endured.

At Kornfeld Law, our Seattle-based legal team is dedicated to helping elder abuse victims and their families pursue lawsuits against negligent nursing homes so that they obtain the compensation needed to heal and future abuse to other residents does not occur.

We are here to help you and your family during these trying times. Contact Kornfeld Law at (425) 657-5255 to get started with a free, no-obligation consultation. If you are unable to meet at our office, we can schedule a time to meet with Rob Kornfeld at your home, at the hospital, or another location to discuss your options further.


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