Types of Compensation in Elder Abuse Cases

As leading personal injury attorneys with vast experience in elder abuse cases, the team at Case Barnett Law has helped countless injury victims and their families secure the compensation they need and deserve to recover. Schedule a free consultation today.

Our elders are among society’s most vulnerable, even though we don’t always treat them that way. Too often, we assume they are — or should be — capable of meeting their own needs or communicating with us when they need help. Unfortunately, it’s not always that simple.

Senior citizens are not always capable of advocating for themselves, especially when they depend on caregivers to meet their basic needs. This reality contributes to widespread elder abuse and neglect, which occurs both inside and outside of nursing homes. Regardless of where it takes place, elder abuse is often devastating for both the victim and their families.

Fortunately, victims of elder abuse do have legal recourse through elder abuse lawsuits. Although a successful elder abuse claim won’t undo the harm that’s been done, it can provide compensation to the victim and hold the at-fault party accountable. A comprehensive settlement may cover a wide range of compensatory damages and, in some cases, punitive damages.

If you or your loved one are the victim of elder abuse, Case Barnett Law is here to help. This article will explain the different types of compensation that may be available to you and discuss the importance of pursuing legal action against the perpetrator.

The Importance of Pursuing Compensation in Elder Abuse Cases

Make no mistake: Money can never truly compensate an abused victim for all that they’ve lost. However, it’s important to pursue compensation in elder abuse cases for several different reasons, including the following:

Recovery. A fair settlement provides compensation for all injury-related medical bills and expenses, including rehabilitation, counseling, medication, surgery, and more.
Accountability. Legal action is an important tool for holding perpetrators accountable and dissuading others from committing similar acts of abuse.
Financial security. Not all elder abuse is physical in nature. Many older adults experience elder abuse through financial exploitation, a loss that can be corrected with a comprehensive settlement.
Closure. Compensation often provides elder abuse victims and their families with a sense of closure, acknowledgment, and validation about their experiences.
Protection of rights. Seeking compensation through legal action reaffirms the importance of protecting elders’ rights and upholding the dignity of all individuals.

As you can see, seeking compensation is about much more than securing a settlement. Compensation not only provides the financial resources by which an injury victim can pursue a full recovery but also a pathway toward closure and justice.

Recoverable Compensation in Elder Abuse Cases

The compensation awarded in personal injury cases, including in elder abuse cases, depends on the unique circumstances of the case, as well as the victim’s specific losses. In most elder abuse cases, plaintiffs are awarded a range of compensatory damages, including both economic and non-economic damages. Here are some examples:

Medical expenses. Elder abuse victims may need extensive medical treatments to recover from their injuries, all of which should be covered by a fair settlement. This includes compensation for all injury-related medical expenses, treatments, surgery, therapy, medication, counseling, and more.
Cost of future care. Elder abuse victims may need to enter an assisted care facility or nursing home as a result of their abuse. A settlement can help cover the cost of their future living situation.
Pain and suffering. Pain and suffering is a type of non-economic damage that may be awarded to elder abuse victims for their physical pain and emotional distress.
Loss of quality of life. If an elder is unable to enjoy life in the same way they once did as a result of abuse, they may be able to secure compensation for the loss of quality of life.
Property damage. Elder abuse victims may also receive compensation for any damage to or destruction of their property at the hands of their abuser.
Wrongful death damages. If elder abuse leads to the victim’s death, their surviving family members may be able to pursue wrongful death damages for their resulting losses.

Although these are some of the most common types of compensation awarded in elder abuse cases, they do not represent an exhaustive list. Plaintiffs may be eligible to receive additional compensatory damages and, in some cases, punitive damages. However, it’s important to note that punitive damages are awarded at the court’s discretion and reserved for cases where a defendant’s behavior is especially egregious, negligent, or malicious.

Why Hiring an Elder Abuse Attorney Is Essential

If you are considering an elder abuse claim, it’s essential to partner with a personal injury attorney who has extensive experience in elder and nursing home abuse cases. Elder abuse cases are complex, and not all personal injury lawyers are equally adept at trying them. As your legal advocate, your elder abuse attorney will be responsible for the following key tasks:

Gathering evidence. To secure the settlement you deserve, an attorney will need to compile a comprehensive body of evidence, which may include digital media, eyewitness testimony, expert testimony, medical reports, incident reports, and more.
Legal filings. Your attorney will create, draft, and file all pertinent legal documents accurately and in a timely manner to ensure the process moves as smoothly as possible.
Calculating your settlement. After a thorough review of your case, your lawyer will calculate the full settlement amount to which you are entitled and draft a demand letter.
Negotiation. Your lawyer will negotiate with the insurers and opposing parties to fight for your maximum compensation.
Representation in court. If a fair settlement cannot be reached, your attorney will prepare for court and mount an aggressive case on your behalf.

Again, Not all personal injury lawyers are equally skilled in securing settlements for victims of elder abuse. Before partnering with a legal professional, it’s important to confirm their success in trying and prevailing in cases like yours.

Case Barnett Law: Compassionate Elder Abuse Lawyers in Southern California

Regardless of the form it takes, elder abuse can never be tolerated or allowed to take place without repercussion. When you’re ready to fight for the justice and compensation you deserve, Case Barnett Law is behind you. Contact our law office to schedule a free case evaluation with a compassionate elder abuse attorney today.