When a family decides to demand compensation for the abuse done to an elderly member, they will need to make sure the case they lodge is strong. Keeping these tips in mind points to the right way.
Families of seniors rely on elder care facilities if they lack a proper space where they can live the rest of their lives happily and healthily. However, while many retirement homes and communities boast of engaging activities and features for elders to enjoy, not many live up to the claims they highlight. Underneath the clever and heartwarming marketing campaigns, these retirement communities conceal cases of abuse that affect both the elders they’re supposed to care for and the families that depend on them.
Affected families are well within their rights to demand compensation and penalize a retirement home for breaching their duty of care. There are legal mechanisms they can lean on, but victory isn’t always guaranteed, especially when the elder care facility in question has enough resources to dispute their complaints and settle the matter without so much as paying a substantial compensation amount. Only when the other side understands the elements of a strong case will justice be served. Here’s a short list of what it takes to win an elder abuse case.
1. The type of abuse being reported
The first thing to consider when structuring an elder abuse case is establishing the type and nature of the incident. Abuse is a broad term referring to any instance of action or a failure to act that results in intentional or accidental harm to a patient. It can take the form of direct physical violence, a good example of which is when an orderly inflicts physical pain on an elder, resulting in injuries that may or may not be observable on the surface.
Abuse may also occur as a form of neglect in which the facility, in trying to cut costs or for other related purposes, may undertake decisions that lower the quality of its services. Cases can also be sexual or financial, but regardless of the form, abuse happens when an elderly victim’s vulnerabilities are exploited or overlooked.
2. The presence of inadmissible evidence
It’s not enough to consider the nature of the abuse when you still need to establish a link between the injuries or damages sustained by a loved one and the actions of the facility that has cared for them. Aside from gathering medical records showing a loved one’s medical history before living under the facility’s watch, it’s also important to focus on collecting documentary evidence that adds credence to the severity of the damages inflicted.
This consists of witness testimonies as well as an inventory of items that the elderly loved one may have lost as a result of alleged theft. Photographs of the facility can also add credibility to a family’s claims, although this may overlap with existing laws that cover taking videos and photographs within commercial premises. Whichever the case, quality evidence is the cornerstone of any successful elder abuse litigation, whether it’s an individual or a class action lawsuit.
3. The total of economic and non-economic damages
Central to an elder abuse case is the amount of compensation that the elder and their family are entitled to. The severity and duration of the case inform the amount that must be recovered if indeed the abuse goes beyond inflicting physical pain. Elders who experienced the worst develop trauma and a decline in their overall wellness, prompting a larger compensation package that serves to penalize the facility that took care of them.
The total estimate of compensation is a matter of expertise that only a local legal professional can provide. In case the abuse happened in Atlanta, a family can reach out to a Georgia nursing home neglect attorney with experience in dealing with abusive practices to run the numbers.
Endnote
When a family decides to demand compensation for the abuse done to an elderly member, they will need to make sure the case they lodge is strong. Keeping these tips in mind points to the right way.
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