5 Facts That Are Often Overlooked in Personal-Injury Lawsuits for Elder Abuse and Neglect

19 September 2016
 Categories: , Articles


When an elderly family member or loved one is suffering, it's tempting to go after the nursing home or other facility that you feel is not treating them with care and respect. While a personal-injury lawsuit for elder abuse is a way to get compensation for the suffering of your relative, it's a lot more complicated to win one of these cases than most people think. Knowing the facts about quirks unique to elder-neglect cases is essential if you want to have the best chance at winning.

Complexity Complicates the Case

While you may be unhappy with multiple problems at a nursing home or hospice, having a long list of complaints to base your case on actually hurts your chances of receiving a judgement in your favor. It's far easier for a lawyer to base a case around a single type of neglect or abuse that has the most physical evidence available to support it. Simplifying your case and focusing on fewer complaints can prevent the case from growing out of control and becoming an overreaching attempt at punishing staff members.

Evidence Must Be Overwhelming

Most states have been strengthening elder-abuse laws and establishing new statutes to outline the rights of elderly individuals being taken advantage of by caretakers. Unfortunately, many of these laws that increase the amount of compensation and make it easier to begin a lawsuit also greatly increase the amount of evidence needed to win the case.

You can't rely on a few photographs of bruises and reports from the patient themselves anymore. You'll need as many recorded conversations, photographs of physical effects, case reports from professionals interacting with the patient, and other forms of evidence as possible in order to prove abuse and neglect is actually involved. In fact, you'll even need evidence that malice or ill-intent was involved in the abuse, not just gross negligence, in some states like California.

Self-Abuse Is Surprisingly Common

Don't jump to conclusions when you first notice bruises, scratches, or other signs of abuse while visiting your elderly loved one. It's tempting to assume that a third party is committing the abuse and causing the damage, but patients suffering from dementia and Alzheimer's disease are particularly prone to developing self-abusive habits. Bringing in your own cameras and other recording devices can help you determine who's behind the problem before you upset the staff at the facility by making accusations. If you find out it's self-harm rather than abuse from a caretaker, you can work with the staff to address the issue.

Negligence Types Vary

Not all forms of negligence are the same, and placing blame on the wrong party for an incorrect form of neglect will only cause you to lose the case despite the amount of evidence you collect. Some of most common types of negligence found in nursing homes include:

  • Hiring someone who is not fit to work with the elderly due to a history of violence or a lack of training
  • Not providing proper medical care or physical support, a lack that leads to injury or illness
  • Allowing hazards such as slippery steps or uneven flooring to remain in place after discovering the problem.

Negligence is often harder to prove than outright abuse or monetary theft, so it's essential to figure out who's responsible for what before forming your arguments.

Punitive Damages Are Greater

Finally, don't just calculate the amount of damages you're asking for based on concrete losses like medical expenses related to the abuse and monetary theft. In a strong case that provides a lot of evidence, judges are likely to approve punitive damages to punish the facility in order to discourage similar incidents in the future. Don't forget to include punitive damages in your case, or you're simply missing out on money that is fairly yours.

Contact a personal-injury attorney for specific guidance about what you can do for your loved one.


Share