What is a Pain & Suffering Claim?
Under Pennsylvania tort or negligence law, pain and suffering claims may be made in nursing home abuse or accident cases. A pain and suffering claim encompasses the physical pain and mental anguish that result from an injury. In a nursing home abuse or accident case, the injured party may be able to obtain fair and reasonable financial compensation for pain and suffering.
In addition to pain and suffering claims, the injured party may be able to make claims for medical bills and other financial losses, such as lost wages. For instance, a lost wage claim may be appropriate in a situation where the resident of a group home who, as a result of an accident, loses wages from a part time job.
How Compensation for Pain & Suffering is Determined
Determining compensation for pain and suffering depends on many factors, such as
- whether the injuries resulted in death,
- the nature and extent of the injuries,
- whether the individual suffered any long term effects/symptoms (and for how long), and
- how the injuries and symptoms affected the individual.
In cases where the resident died as a result of nursing home abuse or an accident, survivors may be able to bring what is known as a wrongful death and survival lawsuit against the nursing home. In these types of cases, the damage claims will vary and depend on the specific facts of the case, such as how long the individual survived after the initial injury and whether the individual provided any type of financial support for the survivors.
In a nursing home lawsuit case in which the injured individual survived, the pain and suffering award will depend on the nature and extent of the injuries and whether there were any long term effects or symptoms. For instance, in a nursing home fall accident case, the injured resident fractures his leg. Due to his medical condition, he is unable to have surgery. As a result, the fracture fails to heal properly, and the resident is no longer able to walk. His ability to enjoy the rest of his life is clearly affected. He deteriorates rapidly, and becomes severely depressed.
Here, the long term effects of the fractured leg had a very serious impact on the resident’s life, and therefore, his pain and suffering would be greater than someone who, in the same situation, recovered completely.
If you or a loved one was the victim of nursing home abuse or had an accident at a nursing home or long term care facility, please contact our office to arrange a free consultation with our PA and NJ nursing home abuse and accident lawyers. (215) 985-0777
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