This is the next article in my series on the handling of injury cases which involve nursing home abuse in Illinois. My last article discussed identifying the liable parties after a nursing home injury. It is crucial that all necessary parties be included or else a victim might receive less than the full amount of compensation to which they are entitled. An experienced attorney will take steps to identify all possible defendants. In this article, I will be discussing how damages are calculated in such a matter. If you are in need of assistance then contact my office today to speak with a Peoria personal injury lawyer.
Illinois nursing home abuse cases may result in compensatory and exemplary damages
Damages in an Illinois personal injury case may involve compensatory damages as well as exemplary damages (which are also known as “punitive damages”). The former is broken down into two types – economic damages and non-economic damages. I will discuss what all of these entail in turn.
Compensatory damages include compensation for both economic and non-economic harm. Economic damages include compensation for money which has, or will be, lost as a result of the situation. This can include past and future lost wages, past and future medical bills, as well as past and future incidental expenses. Non-economic compensation includes money for pain and suffering. This encapsulates past and physical pain endured as a result of abuse and medical care. It also includes compensation for scarring, mental anguish, and emotional distress. The jury will be tasked with determining these amounts in the event that the case goes to trial.
Exemplary damages may also be available in a nursing home case. While the types of compensatory damages discussed above are meant to “compensate” a victim, exemplary or punitive damages are meant to punish a wrongdoer in order to discourage future conduct. Such damages are typically reserved only for instances which involve intentional or reckless conduct. While such damages are exceedingly rare in typical personal injury cases, such as car accidents, they may be more likely in nursing home cases which involve intentional conduct of the staff. Whether conduct rises to the level of punitive damages will be determined on a case by case basis.
Consider the following example. Suppose Joe goes to live in a nursing home due to his advanced age and the beginning of dementia. One of the staff members begins the practice of taking money from Joe’s wallet while he is sleeping heavily due to medication. Joe awakens one night and observes the theft. He tries to stop the employee and is thrown to the ground, which causes him to shatter his hip. Under this scenario, punitive damages would likely be appropriate given the intentional crimes and abuse committed by the employee and the level of harm which Joe suffered. While, again, each situation will be fact specific, an intentional assault may well give rise to punitive damages.
Expert witnesses may be necessary when calculating damages in an Illinois nursing home abuse case
It will likely be necessary for your attorney to retain expert witnesses to establish damages in cases such as these. Expert medical professionals, for example, will be necessary to offer an opinion as to the need and costs of future care. The attorneys for the defendant(s) will be permitted to retain their own expert witnesses who will offer conflicting figures. The jurors will be responsible for determining how much weight, if any, should be given to the opinion of each expert. It will be necessary for the testimony of any experts to be presented in a concise way. It is, therefore, important to retain an attorney who has experience in dealing with such professionals.
If your loved one has been the victim of an injury then contact my office today to speak with a Peoria nursing home abuse lawyer. I understand the deeply personal nature of such cases and my office will give your matter the attention it deserves. I believe in standing up for the rights of individuals over those of companies, and we apply this philosophy in every matter we handle. Contact us online or by telephone for an initial consultation. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
