With more aging parents and grandparents in our nation living in nursing homes, families need to be aware of the different aspects involved in nursing home abuse law. While no one ever wants to think that their family member would be a victim of nursing home abuse, it is critical that families know what to do if nursing home abuse does occur.
Unfortunately, the nursing home abuse law in Florida is a complex area of law, which is why it can be hard to understand for people who don’t deal with this field of law on a daily basis. For this reason, we have created this article to help you understand the basics of nursing home abuse, what damages you may be entitled to, and legal terms you should be familiar with.
The Basics of a Claim
There are several things that can affect your claim, and time limits are one very important aspect of nursing home abuse claims. You only have a certain amount of time—known as statute of limitations—to file a lawsuit against the nursing home or wrongdoer, and in Florida this can be as short as two years. If the statute of limitations has passed—you will be barred from filing a claim. Additionally, as time goes on, evidence can get lost and witnesses can pass away or disappear. This is why it is always in your best interest to speak with a nursing home abuse attorney as soon as possible.
Types of Damages Your Family May Be Entitled to
Another important part of your claim is understanding the types of damages your family may be entitled to, such as:
- Economic damages – Victims may receive damages for their medical bills and other losses that can be easily quantified.
- Non-economic damages – Victims may receive compensation for their injuries and the suffering they endured such as emotional distress, physical pain and suffering, and loss of enjoyment of life.
- Wrongful death damages – If a victim died as a result of nursing home abuse, the family of the loved one can file a wrongful death lawsuit to compensate them for their losses such as loss of companionship and affection, loss of support, and other losses.
- Survival action damages – When a person dies as a result of negligent behavior or a specific injury he or she suffered at the nursing home, his or her loved ones can bring a survival action claim in order to be compensated for the severity and the duration of the pain and suffering the decedent suffered.
If you would like to learn more about your loved one’s rights or your rights as a surviving family member, the Mallard Law Firm is only a phone call away. We would be pleased to provide you with a free consultation and a free copy of our book, The Florida Nursing Home Abuse Handbook.