If your loved one faced neglect or abuse in a nursing home, you might want to file a lawsuit against the home. But what is the purpose of a lawsuit? What can your family gain from filing a personal injury lawsuit? One of the major reasons that people file these lawsuits is to receive compensation for injuries. If your loved one got hurt at the hands of someone else, they deserve compensation. You can learn more about compensation here.
When a person gets injured and someone else is at fault, the victim has certain rights. They should not pay their own medical fees associated with the injury. This is the case whether someone is hurt in a car accident or because of neglect and abuse at a care facility. When a lawsuit begins against the at fault party, a judge determines if money should get awarded. The judge will also determine how much money the case should get. To receive compensation for an injury, your loved one has to prove two things. First, you have to prove that the at fault party acted recklessly or negligently. Second, you must prove that these reckless or negligent actions caused the injuries. If these factors can be proven, compensation will likely be awarded in the case.
Money awarded will depend on the specifics of the case. The court will take the following factors into consideration:
- Doctor’s visits related to the injuries.
- Testing done related to the injuries This includes tests such as MRI, X-Ray, CAT scans, etc.
- The cost of surgery.
- Physical therapy.
- Time taken off from work because of injury.
These are all examples of direct compensation. They make up for tangible expenses related to the injury. However, another type of compensation exists. This is known as indirect compensation. This form tries to make up for the intangible inconveniences that an injury causes. Examples of this type of monetary help are:
- Money to see a therapist.
- Compensation for trauma, depression, etc.
- Compensation for experiences lost with family and friends.
It is not always easy to calculate indirect compensation. There are no concrete bills that you can refer to. This makes it hard to determine how much money should be awarded. The amount for your case can be determined by a professional. You and a lawyer can also come up with a fair starting point.
If you are interested in getting monetary assistance for your loved one, follow a few steps. First, it is helpful to keep records. Keep copies of bills related to your loved one’s injuries. This will give tangible proof of the money spent related to the injury. This information will be useful in determining a fair amount of money to award in the case.
If your loved one is a victim of neglect or abuse, they are likely entitled to monetary help. You can work with an attorney to get your loved one money they need. For more information, you can contact a neglect and abuse attorney.