Entrusting a loved one to a nursing home is a significant decision, made with the expectation of compassionate and competent care. When that trust is shattered by abuse or neglect, the emotional and financial toll can be immense. Understanding the compensation available through a nursing home abuse lawsuit is a crucial first step toward seeking justice and ensuring your loved one's well-being.
In South Carolina, nursing home abuse lawsuits seek to recover "damages". This refers to the legal term for the monetary compensation awarded for the harm and losses suffered. These damages typically fall into two main categories: economic and non-economic, with the possibility of punitive damages in severe cases.
Economic Damages: Covering Tangible Costs
Economic damages aim to reimburse you for quantifiable financial losses directly resulting from the abuse or neglect. These are often easier to calculate and can include:
Medical Expenses: This is frequently a significant component. It covers costs for hospital stays, doctor's visits, medications, rehabilitation, and any ongoing medical care necessitated by the injuries sustained from the abuse or neglect.
Relocation Costs: If the abuse or neglect forces you to move your loved one to a safer facility, the expenses associated with that transition can be recovered.
Therapy and Counseling: The emotional and psychological impact of abuse can be profound. Costs for therapy or counseling for the resident, and sometimes even for affected family members, may be sought.
Lost Financial Support: In tragic cases where abuse or neglect leads to wrongful death, if the victim was contributing financially to the family, compensation for that lost support may be claimed.
Non-Economic Damages: Addressing Intangible Suffering
Non-economic damages address the less tangible, yet often more devastating, consequences of nursing home abuse. These types of damages are harder to assign a precise dollar value to, but are crucial for recognizing the depth of a loved one's suffering. They can include:
Pain and Suffering: This encompasses both the physical pain and the emotional anguish endured by the resident due to the abuse or neglect. The severity and duration of the suffering are key factors in determining this amount.
Loss of Enjoyment of Life: When abuse robs a resident of their dignity, independence, and the ability to participate in activities they once enjoyed, compensation for this diminished quality of life can be sought.
Emotional Distress: The trauma, anxiety, depression, and fear caused by mistreatment, or even the fear of future harm, are all aspects of emotional distress that can be compensated.
Disfigurement or Permanent Injury: If the abuse leads to lasting physical changes, such as severe bedsores or scars, or results in a permanent disability, these can be included in the claim.
It's important to be aware that South Carolina law does place limits on non-economic damage recoveries in nursing home and most assisted living facility negligence cases. Specific circumstances, particularly cases involving serious injury, may allow for exceptions to these caps.
Punitive Damages: Punishing Egregious Conduct
In certain egregious cases, South Carolina courts may award punitive damages. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are intended to punish the nursing home for particularly reckless, willful, or malicious conduct and to deter similar behavior in the future. Proving eligibility for punitive damages requires a higher legal standard, making them more challenging to obtain, but they can significantly increase the total compensation.
Wrongful Death Claims
If nursing home abuse or neglect tragically leads to a loved one's death, surviving family members may pursue a wrongful death lawsuit. In addition to the damages mentioned above that the victim experienced before their passing (such as medical bills and conscious pain and suffering), a wrongful death claim can also seek compensation for:
Funeral and burial expenses.
Grief, sorrow, and mental anguish suffered by surviving family members.
Loss of companionship, care, comfort, and protection.
Seeking Legal Guidance from Beaufort County Nursing Home Abuse Attorneys
Navigating a nursing home abuse lawsuit in South Carolina can be complex. The legal deadlines are critical, and the whole process can be emotionally taxing without professional help.
If you suspect your loved one has been a victim of nursing home abuse or neglect, connecting with Bauer & Metro, P.C. is vital. Our nursing home abuse attorneys are here to help. We can assess your unique situation, explain the types of compensation you may be entitled to, gather necessary evidence, and advocate tirelessly on your behalf. We can help your family secure the justice and financial relief your loved one deserves.
Call us today at (843) 920-2844 to schedule a consultation.