When your elderly loved one was neglected or abused, you could possibly have a lawsuit on your hands. One of the most important things that happen in a lawsuit is compensation. Most cases get resolved by awarding compensation. This is why you would sue in the first place. You are looking for compensation for damages.
There are many different types of compensation that can get awarded. Each will get explained for you here. Understanding these different types of compensation can help you know what to ask the defendant for.
Compensation is the act or state of giving one person money for something. In some cases it is rewarding someone for service. For our purposes, it is making up for someone’s loss, damage, or injury. In a personal injury case, compensation makes up for an accident that lead to injury through compensation.
A party makes up for injury by giving an appropriate benefit. You could get compensated with money, or anything that is of some type of value. It helps you to cover any costs related to your injury. In this case it will be an injury after being neglected or abused in a nursing home or by a home health aide.
One kind of compensation is a total disability award. This is for an injury that has produced temporary or permanent total disability to your loved one. This will cover the costs that are required to care for your loved one’s disabilities. This includes visits to the doctor. It also includes treatment costs, the cost of surgery, and other issues.
There are also partial disability awards. These awards are for an injury that produced a partial disability such as a paralyzed limb. It will cover the costs that you face in helping your loved one get as close to normal before their injury.
Medical services are the type of award that will make the insurer pay the medical service fees. This compensation makes sure that your insurance company will pay the medical bill. Medical bills related to the injury should get covered.
Occupational disease awards must be equal to the compensation and medical benefits for injury. This will compensate you with the exact amount of the medical benefits needed for the injury.
Temporary total disability benefits get paid while the injured person suffers wage loss. This happens until they can return to work or have reached maximum healing. Your loved one is probably retired, so this might not apply to them. But, if your loved one does have a job, this type of compensation could get awarded to you and your loved one.
Temporary partial disability benefits will get paid in some situations. This happens if the injured person can return to work with a loss of wages before they reach maximum healing.
A permanent total disability compensation is paid after the injured person reaches maximum healing. If they don’t have reason to believe that their injury will keep them from performing their job differently, this is paid. If your loved one has a home health aide or is in a nursing home, they probably cannot perform a job. This type of compensation is not usually given in this kind of case.
Permanent partial disability benefits are paid if a worker has sustained a permanent impairment that is established by objective medical findings and is able to work in some capacity but their injury impairs their ability to work and has some actual wage loss due to the injury.
It is likely that if your loved one is in a nursing home or has a home health aide, they are not working so it is not common for a nursing home neglect and abuse case to get this type of compensation. A lawyer can help you get this common form of compensation.
The last type of compensation is death benefits. This is awarded to a surviving spouse or family member. If your loved one died as a result of nursing home neglect and abuse, this type is appropriate. It can help you cover any final expenses for your loved one that you were not expecting to come up so soon.
If your loved one died as a result of neglect or abuse, you also might want to file a wrongful death claim.
No one expects that their loved one will die in the nursing home. So, this type will help you with things related to a death that has occurred. A wrongful death claim can help you get this.
These types of compensation can be available to you and your loved one. Which kind you receive will depend on how your case turns out in the end. You should explain your situation to your lawyer. A lawyer can help you get the best kind of compensation to make up for what happened to you and your loved one.