What Damages Can Be Recovered for Elder Abuse?

April 12, 2023 Nursing Home Abuse

Elder abuse is much more widespread than we may believe. Every year, senior citizens suffer physical harm, emotional damage, and even sexual assault at the hands of family members, medical professionals, caregivers, and nursing home personnel. In many cases, caregivers entrusted to take care of older people’s needs neglect their duties, leading to serious harm.

If you or a loved one has suffered elder abuse at the hands of a trusted individual, you may have the right to pursue legal action. By filing an elder abuse lawsuit in Nevada civil court, you could recover financial compensation for any economic and non-economic damages that you suffered as a result.

Economic Damages

Economic damages are losses that can be quantified in monetary terms. In an elder abuse case, economic damages might include past and future medical bills, lost wages, and other financial losses that can be attributed to the abuse. For example, if an older person was hospitalized due to injuries sustained during abuse, the cost of their medical treatment could be considered economic damages. If the abuser damaged the victim’s property, the victim could claim damages for repairs or replacements.

Pain and Suffering Damages

Pain and suffering damages are non-economic damages that are intended to compensate the victim for physical and emotional pain and suffering caused by the abuse. This might include physical pain, emotional distress, loss of enjoyment of life, and other intangible losses that cannot be easily quantified. Due to the severity of these cases, pain, and suffering damages are often a significant portion of an elder abuse settlement.

Punitive Damages

Punitive damages are additional damages that are intended to punish the person responsible for the abuse. Unlike compensatory damages, which reimburse the victim for any damages that he or she suffered due to the abuse, punitive damages are intended to deter others from engaging in similar behavior in the future

To receive punitive damages in an elder abuse lawsuit, the defendant’s conduct must be especially egregious and reckless. If the abuser acts with oppression, fraud, or malice, you may be able to recover punitive damages in addition to any economic and non-economic damages. 

What to Do If You Suspect Elder Abuse

If you or a loved one has suffered elder abuse, it is important to remember that you are not alone. There are resources available to help you through this difficult time, and legal action may be able to provide you with the financial compensation and justice you deserve. By working with an elder abuse attorney, you can hold those responsible for the abuse accountable and help prevent similar incidents from occurring in the future.

First, report the abuse to local law enforcement and adult protective services. These organizations can help you or your loved one leave the abusive situation and get to safety. Seek medical care for any injuries that you or your loved one experienced due to the abuse, and save all documents related to this harm. 

Once you have gotten to safety, contact a Las Vegas personal injury lawyer with experience handling elder abuse cases, or in the case of a fatality, a wrongful death attorney in Las Vegas. Your attorney can evaluate you or your loved one’s case, identify your legal options, and help take your first steps toward justice and accountability.