Medical Expenses
You are entitled to recover the value of past and future medical expenses. This may include past or future surgery, physical therapy, hospitalization, specialized transportation, rehabilitation, visits with physician specialists, medication and special medical equipment.
Pain & Suffering
Both past and future pain and suffering is an element of damages. Frequently, this is one of the most hotly contested areas due to the intangible nature of a person's pain. In the case of nursing home abuse and neglect, many times these injuries are particularly graphic in nature and consequently photos can be particularly powerful in presenting a case to a jury who is making such a determination.
Disfigurement
Any type of physical change on the outside of your body. This includes the scars left from ‘healed’ bed sores or surgeries. Once again, when a case involves disfigurement, photographs can be particularly powerful-- especially in the case of an elderly person who may have difficulty communicating.
Disability
Things you are unable to to do after you developed bed sores that you were capable of doing before the incident. In nursing home litigation, it is particularly important to have friends and family describe how the incident effected to individual. Although, a person may have had some disabilities before an incident, get the family to describe the specific tasks with which the person needs assistance can be extremely helpful in presenting a disability claim.
Punitive Damages
Punitive damages may be awarded if a facilities conduct is particularly reckless or rises to a level of willful and wanton conduct. Unlike damages designed to compensate the injury victim, punitive damages are designed to punish the wrongdoer. In many cases, an injured party must get permission from the court to pursue such a claim.
