Placing a family member in a nursing home is often a difficult decision. When choosing a care facility, you naturally hope that whichever home you pick will be trustworthy and safe. When a resident suffers a fall or is dropped during transport, it could result in severe injuries which may become life-threatening.
It is important to note, however, that you and your loved one have important legal rights and options at your disposal that you take advantage of with the help of a West Palm Beach nursing home dropped patients lawyer. A compassionate nursing home abuse attorney could help seek compensation on behalf of you and your family member for damages associated with this incident.
Compensable Damages After a Patient Is Dropped
Nursing home patients who are dropped can face a variety of physical and emotional damages, ranging from minor to severe. These injuries and their side effects might include:
- Decreased mobility
- Emotional stress
- Soft tissue injuries
- Broken hips or other bones
- Head injuries
- Organ damage
Because of the litany of damages that could be sustained after a nursing home patient is dropped, it is important to thoroughly investigate the circumstances surrounding a plaintiff’s injuries in order to request adequate compensation. Requested compensation can include recovery of economic and non-economic damages, as well as punitive measures in certain cases.
Economic Versus Non-Economic Damages
Economic damages generally have a predetermined value. A request for such damages might include pecuniary recovery for physical therapy, prescriptions, hospital bills, counseling, the cost of damaged clothing or personal items, and legal fees.
Value for non-economic damages, on the other hand, are often much harder to determine. These are generally subjective and include damages such as:
- Pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- Mental anguish
- Post-traumatic stress disorder (PTSD)
In cases where the at-fault party was egregiously negligent or acted intentionally, the court may also award punitive damages. Unlike economic and non-economic damages, these measures are not meant to compensate the victim or their family, but rather to punish the defendant for their careless actions and deter this type of behavior in the future.
The Deadline for Nursing Home Legal Action
After suffering injuries from being dropped, a care facility resident and their family members are often focused on healing and recovery. However, it is important to note that an injured person only has a certain amount of time to exercise their legal rights to file a civil suit. Pursuant to Florida Statutes §429.296, nursing home residents—or their family members or legal representative—only have two years from the date of the accident which caused their injuries to file a lawsuit.
Exceptions do exist for this statute, such as in cases where the injury was concealed by the nursing home. Here, a longer statute of limitations might apply. In the interest of avoiding dismissal, however, a claimant may want to seek the counsel of a proactive nursing home dropped patients lawyer in West Palm Beach to ensure they file on time.
Talk to a West Palm Beach Nursing Home Dropped Patients Attorney
If the negligent actions of a nursing facility staff have left your loved one suffering from injuries, you may feel understandably concerned and overwhelmed. You might worry about their livelihood and the possibility of a future incident.
By retaining a West Palm Beach nursing home dropped patients lawyer, you could more effectively work to gather evidence of neglect and request adequate recovery for damages. While compensation cannot fully erase their trauma, it could help to make their life easier and more comfortable. Call today to set up an initial consultation and discuss your potential case.