In Colorado, 45% of nursing homes have been in a tight spot for not providing quality care to residents. When a loved one suffers from abuse or neglect in a Colorado nursing home, the impact extends far beyond the immediate harm. Victims and their families face not only physical and emotional pain and suffering but also significant financial burdens. Understanding the potential damages available in a nursing home abuse or neglect case is crucial for ensuring that victims receive full compensation for their suffering and losses.
The nursing home abuse attorneys at Bowman Law believe that determining the damages holds negligent nursing homes accountable for their lack of actions or negligence. We trust that awareness about the dangers of abuse may lead to improved care standards and practices in nursing homes, protecting the safety and well-being of the vulnerable residents. In this article, we will explore the damages in nursing home abuse cases in Colorado and the factors affecting compensation to help families of victims secure justice and proper care for their loved ones.
Types of Nursing Home Abuse in Colorado
Nursing home abuse has been a serious issue in Colorado as it disrupts the peace and damages the health, rights, and dignity of the vulnerable people. Abuse in nursing homes has different forms that negatively affect the residents. These types are categorized into:
Physical abuse: This form of abuse includes the use of physical force that may lead to bodily injury, pain, or impairment. It happens when actions like hitting, pushing, slapping, or using excessive force, harm a patient.
Emotional or psychological abuse: This type of abuse involves verbal or non-verbal behaviors that result in emotional pain, fear, or distress. It occurs when the actions of nursing home staff involve verbal assaults, threats, or humiliation.
Sexual abuse: This form of abuse incorporates any forced or non-consensual sexual contact. It takes place when there is unwanted touching, assault, rape, or forced nudity.
Financial exploitation: This type of abuse includes the act of illegally or improperly using the money, assets, property, or personal belongings of a victim. It happens in the process of stealing money or possessions or forging signatures.
Neglect: This form of abuse involves the failure of a nursing home staff or facility to provide the basic needs and necessary care of a resident. It occurs when staff fail to give adequate food, water, or proper hygiene to the victim.
Common Injuries in Colorado Nursing Home Abuse Cases
Injuries in nursing home abuse cases in Colorado can be both physical and psychological. Some of the most common incurred injuries of the residents are:
Fear or agitation, especially around certain staff members
Factors Affecting a Nursing Home Abuse Settlement
Several factors can influence a nursing home abuse settlement in Colorado. Understanding these can help in assessing potential case outcomes:
Severity and extent of injuries: The more severe the physical, emotional, or financial harm, the higher the potential settlement. Cases involving death, life-threatening injuries, or long-term or permanent physical damage or emotional trauma generally lead to larger compensation. The settlement can also be affected by the impact of the injuries on the victim’s life, such as medical expenses, ongoing care, rehabilitation costs, pain and suffering, and loss of quality of life.
Type of abuse: Abuse can take various forms: physical, emotional, financial exploitation, neglect, or sexual abuse. The type and extent of abuse will significantly influence the compensation amount.
Evidence of abuse: The strength and quality of evidence such as medical records, witness statements, photographs or videos, and expert testimony, plays a huge role. Evidence that will show clear and compelling proof of abuse will lead to a larger settlement.
History of neglect or abuse of the facility: When the nursing home has a prior history of abuse or neglect cases, especially if there is a pattern of misconduct, it may impact compensation. It can also result in higher punitive damages.
Age and condition of the victim: The age and previous health condition of the victim may impact the outcome. Younger victims or those in relatively good health before the abuse may pursue higher settlements if the abuse gravely affects their life expectancy or quality of life.
Insurance coverage: Nursing homes have insurance coverage to handle abuse claims. The limits and numbers of the insurance policies can influence the settlement amount.
Legal representation: Skilled and experienced attorneys in nursing home abuse cases are capable of negotiating favorable settlements for victims.
Economic, non-economic, and punitive damages
Economic Damages in Nursing Home Abuse Cases
Economic damages in a Colorado nursing home abuse case are compensation for the financial losses incurred by the victim. These damages are quantifiable and based on actual monetary losses. The common economic damages are:
Medical expenses: These include past medical costs for treatment such as hospital bills, surgeries, medications, doctor visits, rehabilitations, therapies, or psychological counseling. Medical expenses also involve future costs for medical care, particularly in cases of severe injury or chronic conditions caused by abuse.
Cost of long-term care: This covers the cost of specialized nursing, assisted living, or home care services when the abuse causes the victim to need additional or more intensive long-term care.
Lost Income for working residents: If the victim was still working or had income from employment prior to the abuse, a claim for lost wages may be pursued. It is for the time they were unable to work due to injury or abuse.
Rehabilitation and therapy costs: These include expenses for physical and occupational therapies, or psychological counseling to recover from the physical or emotional trauma.
Cost of health equipment: This involves medical devices, specialized equipment, or modifications to their living space due to injuries sustained from abuse. Examples of the assistive equipment are wheelchairs, hospital beds, or stair lifts.
Funeral and burial expenses: In nursing home abuse cases where there are fatalities involved, the families may recover compensation for funeral and burial costs.
Property loss or damage: When the form of abuse is financial exploitation or theft, the victim may seek compensation for the money or property stolen by nursing home staff or others.
Other expenses like relocation costs for transferring to a different facility, loss of benefits, and out-of-pocket fees like transportation for hospital visitations.
Non-Economic Damages in Nursing Home Abuse Cases
Non-economic damages are compensation for the intangible losses that do not have specific monetary values. These damages focus on the physical and emotional harm the victim suffered due to the abuse.
Pain and suffering: This is compensation for the physical pain and suffering the victim endured as a result of the abuse or neglect.
Emotional distress: Victims who suffer from significant emotional trauma, including anxiety, depression, fear, PTSD, or other psychological impacts, are entitled to settlement for the emotional and mental harms.
Loss of dignity and humiliation: This includes compensation for nursing home abuse victims who suffered degrading treatment, neglect, or verbal abuse.
Loss of enjoyment of life: This involves claims for losses that affect the ability of the victim to enjoy life, participate in activities they previously appreciated, or engage in social interactions.
Loss of consortium for family members: This covers settlement for family members, such as spouses, for the loss of companionship, affection, or emotional support due to the injuries or death of their loved ones.
Disfigurement or disability: This includes compensation for disfigurement like scarring and burns, or permanent disability like loss of mobility and blindness that have permanent impacts on the lives and well-being of the victims.
Grief and sorrow in wrongful death cases: When nursing home abuse leads to the death of a resident, family members can file claims for the grief, sorrow, and emotional suffering they experience due to the loss of their loved one.
Punitive Damages in Nursing Home Abuse Cases
Punitive damages are additional financial penalties imposed on nursing home staff or facilities found liable for wrongdoing, intending to punish the defendant. These damages can be recoverable by the victim in addition to the actual damages they are entitled to. Under Colorado law, punitive damages may be awarded when there is evidence that the abuse happened along with:
Willful and wanton conduct: The abuse was caused by a reckless disregard for the safety and rights of the nursing home resident. This means the caregivers or facility acted with intentional or reckless indifference to the consequences of their actions.
Fraud, malice, or bad intent: The abuse resulted from malicious intent, or the nursing home staff or facility engaged in fraudulent behavior.
Contact a Nursing Home Abuse Lawyer
At Bowman Law, we specialize in representing and advocating for victims of nursing home abuse in Colorado. Our dedicated legal team recognizes the profound emotional and psychological impact such abuse can have on vulnerable individuals and their families. With extensive experience in nursing home abuse cases, we are committed to pursuing justice and fair compensation for the injuries and damages suffered by your loved one. If you suspect nursing home abuse, we encourage you to contact our office at 720-863-6904 for a free case evaluation. Our nursing home abuse lawyers will provide a thorough assessment of your case and support you every step of the way. We will vigorously defend and protect your legal rights and secure the highest possible settlement to help you recover and continue moving forward.
Jerry Bowman, J.D., M.A., Owner and managing attorney of Bowman Law LLC, takes his responsibility to the legal profession seriously and dedicates his time and effort to providing quality and competent legal representation to clients in Denver and throughout all of Colorado. He holds an MA in Political Science from Wayne State University and earned his law degree in two and a half years from Michigan State University College of Law.
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