For victims of elder abuse in nursing homes, hiring a lawyer to take appropriate legal action can be the best (and only) way out of a dangerous situation. Your lawyer can deal with the nursing home for you, help you get the care and treatment you need, and help make sure the nursing home doesn’t take advantage of you.
Your lawyer can also seek financial compensation on your behalf.
Elder abuse isn’t just wrong. It is prohibited under Wisconsin law. Victims of elder abuse in nursing homes can—and should—take legal action; and, in addition to extricating themselves from dangerous situations, victims can also obtain financial compensation for the financial and non-financial costs they have incurred (and will incur in the future).
What types of compensation might you be entitled to receive if you are a victim of nursing home abuse in Wisconsin? In a typical situation, the damages that are available will include:
Whether you are a victim of physical, sexual, emotional, or psychological abuse, you are entitled to compensation for your medical expenses. This includes your medical expenses for diagnosis and all forms of treatment, therapy, and rehabilitation. You are entitled to compensation for your prescriptions, medical supplies, and other out-of-pocket costs as well.
If you are a victim of financial abuse by a nursing home or nursing home staff, you are entitled to compensation for your financial losses. This is true whether you have been charged excessive fees, billed outside of the terms of your contract, or suffered financial losses due to theft or undue influence.
Damages for pain and suffering provide compensation for the non-financial costs of suffering physical or sexual abuse. Many elderly victims of these types of abuse will experience pain and suffering for the rest of their lives—and these are losses for which financial compensation is available under Wisconsin law.
Suffering all forms of elder abuse in nursing homes can also cause emotional distress and mental anguish. Similar to pain and suffering, these are classified as “non-financial” losses for which elderly victims can recover just compensation.
If you have been diagnosed with a disability as a result of suffering elder abuse in a Wisconsin nursing home, you are entitled to compensation for your disability. This includes not only compensation for the costs of treatment and therapy, but for the day-to-day effects of living with your disability as well.
Sometimes, physical and sexual abuse in nursing homes can result in disfiguring injuries. Similar to disability, disfigurement entitles victims to financial compensation for both their financial and non-financial losses.
When abuse results in damage to clothing or other personal items, the cost of replacing these items can (and should) be covered in the victim’s claim for damages. Along with financial losses, victims of elder abuse in nursing homes can obtain compensation for loss of property (i.e., stolen personal property) as well.
All types of elder abuse in nursing homes can lead to loss of enjoyment of life. Many victims’ lives are never the same, and they live every day thinking and worrying about what might happen to them. Physical trauma can leave abuse victims unable to participate in hobbies and perform routine day-to-day activities as well. In legal terms, these losses are classified as “loss of enjoyment of life,” and they also can (and should) be included in victims’ claims for damages.
Elderly victims of abuse in nursing homes often become withdrawn and experience feelings of isolation. For those who are no longer able to enjoy spending time with their family and friends, compensation for “loss of companionship” is available as well.
Finally, in some cases, elder abuse victims will also be entitled to punitive damages. These damages do not provide compensation for any particular type of loss, but instead are intended to punish the nursing home for its misdeeds.
Do you need to know more about your legal rights as a victim of elder abuse in a Wisconsin nursing home? If so, we invite you to get in touch.
Contact the nursing home abuse attorneys at Boller & Vaughan today online or at (608) 268-0268 to schedule a FREE case evaluation. We proudly serve clients throughout Wisconsin from our office in Madison.
The reality of elder abuse in nursing homes can be a shock for those who entrust the care of their loved ones to others. After all, transitioning into a nursing home is supposed to be […]
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.