Question: I believe my mother who lives in a nursing home in Philadelphia has a possible negligence lawsuit against the nursing home. Is she able to receive financial compensation?
Answer: A nursing home or care facility in Philadelphia can be held liable in a nursing home negligence lawsuit and may ultimately pay fair and reasonable financial compensation to the injured resident. This can be accomplished in two ways: 1. a jury or court trial, or 2. out of court settlement. The latter is much more common. Nine times out of ten, the defendant (nursing home/care facility) will agree to settle the case and pay the injured party a mutually agreed upon amount.
What types of claims can be made?
The financial compensation award will depend on the facts and circumstances of the case, such as: how the accident happened, the nature and extent of the injuries, and the economic losses incurred. In addition, it is important to present a complete picture of the extent of the individual’s pain and suffering, i.e., the physical pain and mental and emotional anguish caused by the other party’s negligence.
Economic loss claims usually include claims for medical bills (past and future), all other out of pocket expenses, and lost wages or changes to income, if applicable.
How much compensation is available?
No magic formula applies in these types of negligence cases in Philadelphia. In fact, no two cases will be the same with respect to the financial award, and that is because the financial award in a given case is heavily dependent on the unique facts of the case.
The key is proper analysis and work-up of all claims, which means properly interviewing the injured party, family members, witnesses, etc. In addition, all relevant records must be obtained, including medical records, chart notes, etc. Proving pain and suffering sufficiently often requires painting an accurate picture of the resident before the injury and after the injury.
The elderly, infirm and disabled deserve justice. For a free consultation with our PA and NJ nursing home abuse/neglect lawyers, please call (215) 985-0777.
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