Special Considerations in Proving Damages in Cases Involving the Elderly

If you are a nursing home resident who has been harmed in the nursing home setting or if you care about such an individual, you should contact an experienced elder law attorney about the legal rights of nursing home patients.

A party who brings a claim against a nursing home will want to bring out all evidence of the losses or suffering that resulted from the nursing home's conduct, and should attempt to provide as much information as possible on the following types of damages:

1. Necessary and reasonable medical expenses;
2. Actual past expenses for physician, hospital, nursing and laboratory fees, medications, prosthetic devices, etc.;
3. Anticipated future expenses;
4. Harm from conditions caused by prolonged immobilization;
5. Pain and suffering from physical injuries;
6. Pain and suffering reasonably likely to occur in the future;
7. "Phantom pain" and other subjective pain that may not be readily apparent to others;
8. Mental suffering;
9. Harm from loss of sleep;
10. Disfigurement;
11. Past and future impairment of the ability to enjoy life;
12. Shortened Life Expectancy;
13. Punitive Damages.

Structured Settlements: Structured settlements are settlements that involve periodic future payments, rather than one lump sum payment, to an injured plaintiff. They are used increasingly in personal injury litigation today, but involve special considerations for the elderly. For an older person, a structured settlement has the advantages of safety, and income that will not be taxed or need management. One must consider, however, that if an older person dies sooner than expected, he or she will lose the benefit of their future payments. On the other hand, the injured elderly person can have a settlement structured so that his or her grandchildren or other beneficiaries will receive guaranteed settlement payments after his or her death.

Damages Recoverable by Survivors, Heirs or Dependents

In an action against a nursing home where the resident has died, the resident's survivor(s) may bring an action and recover damages for the following:

1. Loss of consortium;
2. Loss of parental advice and guidance;
3. Loss of the companionship of the deceased person;
4. Mental anguish and grief of the survivor(s); and,
5. Funeral and burial expenses.

If you or a loved one has been injured due to the fault of a nursing home or its employees, contact an attorney experienced in pursuing legal compensation in these cases.