Nursing home injury claims in Orange County LA and the Inland Empire are unfortunately on the rise. Elder abuse and neglect are some of the most personal and heart wrenching types of lawsuits due to their personal nature, and the depravity associated with allegations of physical abuse/neglect on elders. Many people are not familiar with these types of lawsuits, and the types of recovery that they can get in a successful action for personal injury from a fall, abuse or neglect in a California nursing home or extended care facility.
Nursing home injury claims must be brought either by the personal injury victim themselves or (commonly) by a guardian ad litem who is responsible for an elder that can no longer make their own legal decisions due to their mental and/or physical status.
A successful elder abuse claim can result in:
(1) general damages;
(2) special damages;
(3) punitive damages; and also
(4) attorney’s fees.
General damages for nursing home injury claims typically consist of compensation for issues resulting from the injury or injuries such as the mental anguish, pain and suffering associated with having to endure injury and recover from what has happened. Special damages typically consist of the out-of-pocket expenses for the plaintiff’s quantifiable financial losses. In nursing home injury claims these will typically be the costs for medical bills and treatments required as a result of the harm suffered.
Punitive damages are a form of damages that are enacted to punish a wrongful defendant for their actions. Punitive damages can be established based upon conduct constituting malice, oppression, or fraud. Punitive damages are not tied to any specific dollar amount and can be exponentially higher than general/special damages for extremely disturbing and wrongful acts of the defendant. Lastly, nursing home injury claims can award attorney’s fees to the victorious plaintiff.
Nursing home injury claims in Orange County are very legally and financially serious and complex causes of action. My name is Rivers Morrell and after more than 40 years of experience in these cases I can tell you it is absolutely possible to hold the nursing home or skilled nursing facility responsible and accountable.
We invite you to review the strong recommendations of our clients and the legal industry as well as our successful verdicts and settlements and contact Rivers Morrell or call today to speak with Rivers personally for a free, substantive consultation at (949) 305-1400.
