Elder abuse is a blight upon our country, and something we don’t think about until it affects us on a personal, family basis. We trust assisted living facilities to do the right thing, but in an industry where everything is kept under wraps and those that speak up are punished or threatened with dismissal and even more abuse, elder abuse has become an epidemic of unprecedented proportions. Individuals who commit these heinous acts take advantage of the culture of silence and perpetrate their abuse of helpless with reckless abandon, emboldened by the fact that these individuals are rarely believed, and that if they do, the abuser will only get a slap on the wrist with no real-world consequences.

Restraints are used in nursing home settings in order to prevent harm to the residents particularly if they have movement or psychological disorders and may be prone to wandering or falls. However, over the decades, senior living facilities have misused these tools for the purposes of convenience as well as control, in an effort to manage a large number of residents without taking into account the consequences of these nursing home restraints.

Holding Elder Care Facilities Accountable for Restraint Abuse and Seeking Justice

Oftentimes, residents who are restrained may suffer blisters, broken bones, pressure sores for being confined in one position for days, and bouts of depression, anxiety and PTSD. It is important to note that legal help exists to assist these individuals and their families hold the abusers accountable via the filing of a personal injury claim in order to recover economic and non-economic damages.

However, many times, the conduct of the abusers is so reckless and egregious that one is allowed by the courts to file a claim to recover punitive damages as a means of deterring similar behavior on their part. These cases tend to be complex and involve numerous parties as well as specific laws and their timely application that families whose loved ones have suffered abuse will have to seek legal advice and guidance in order to maximize their compensation, and we’re here to help with this and so much more.

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Are you looking for the best senior citizen facility abuse lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced nursing home abuse attorneys bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of Americans from all walks of life and across the country recover compensation after getting injured due to the negligent actions of other individuals or corporations. Over the decades, we’ve been able to recover a cumulative $260 million in the process, and the secret to our enviable legal success lies in the personalized and compassionate care we provide to each client, treating them as if they are our only client, with the ability of clients to reach out to us at any time for updates on the progress of their case.

We also maintain formidable connections with teams of investigators, medical professionals and other relevant parties who help us gather evidence and write up objective medical reports demonstrating causation, a critical aspect of all injury lawsuits. We are also not afraid to litigate claims in a court of law as oftentimes, this is the best way to recover maximum compensation allowed by the law. By contrast, most law firms churn out cases in an impersonal manner, can hardly be reached once the case been opened, and are spotty with their communication with their clients. In addition, they often choose to engage in settlement negotiations with the insurance company, which then ends in the injured party receiving a paltry or insufficient payout.

We have nationwide reach thanks to our network of referral attorneys and law firms, and we take on all cases on contingency fee basis which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the suit as we only levy our fees at the end of the claim, and only if we’ve recovered compensation on your behalf. If a loved one was abused at a senior care facility in any way, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

How and Why are Punitive Damages Awarded in Nursing Home Abuse Lawsuits?

Punitive damages are financial amounts awarded in civil cases to prevent similar harmful behavior from occurring in the future. Punitive damages do not focus on tangible losses, but the severity of the perpetrator’s wrongdoing.

When it comes to determining how and why to award punitive damages, courts look at whether there was malicious intent, willful misconduct or gross negligence. There must be evidence pointing to the fact that the defendant acted in a manner so as to disregard the well-being and safety of others and has a consistent history of doing the same.

Compensatory damages will often address the medical expenses, lost wages or the emotional distress the plaintiff underwent in order to make them whole again, while punitive damages looks at the severity of the conduct of behavior and whether the use of restraints was reckless or intentional. In addition, the perpetrator of the act or defendant will be asked to pay these punitive damages in accordance with their facility’s financial resources in order to ensure effective deterrence of future behavior.

Factors Determining the Awarding of Punitive Damages in Injury Lawsuits

When awarding punitive damages for the inappropriate and harmful effects of restraints in senior living facilities, courts may look at the nature of the conduct and rate it on a sliding case from mild to reprehensible, as well as how long the conduct or abuse lasted, and finally, the impact, whether physical or emotional the abuse had on the victim.

Best Nursing Home Abuse Attorneys – Call Us Today!

Compensatory damages are great at taking care of immediate financial needs such as the cost of medical care as well as moving the resident to a different facility. However, punitive damages may assist with long-term care such as rehabilitation and additional medical treatment or surgery, as well as the cost of psychological counselling. If your loved one had restraints used on them in a reckless manner, it is time to stand up for their rights and get in touch with us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation as a family. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.