When someone you love is a resident in a nursing home, you expect him or her to receive the best possible care. Unfortunately, it doesn’t always turn out to be this way. If you have a loved one who suffered abuse or neglect at the hands of a nursing home, he or she may deserve compensation. Abuse can include psychological, physical, financial, and sexual abuse.
If this is your first time filing a civil lawsuit, you may hear about caps. Here is what you need to know about caps and nursing home lawsuits.
What Is a Cap?
When you hear about caps and civil lawsuits, what does it mean? A cap is simply a limit on the lawsuit recovery. This is supposed to keep people from abusing the claims process. Also, it can help reduce business costs. For instance, if you run a medical facility, you have to have insurance on the chance that you face a lawsuit. Some businesses are more prone to lawsuits than others. If there was no cap on civil lawsuits, you could be sued for large amounts of money that raise your insurance costs and cause you to charge your patients more.
A cap on civil lawsuits is supposed to help avoid that issue. All states have their own laws when it comes to damages. When there is a limit, it can help stop people from using lawsuits as a way to get as much money as possible. When someone abuses the system, it can hurt valid claims.
Will a Cap Affect the Settlement?
A cap can affect the settlement. In some states, there is a limit to how much you can recover for in a nursing home neglect or abuse case. These are not economic damages, however. These are damages for pain and suffering, such as emotional distress or loss of enjoyment. When it comes to your economic damages, there is no cap. If your loved one suffered high medical costs due to injuries sustained at the nursing home, you can still demand the full cost of medical treatment.
Knowing that your loved one suffered abuse or neglect at the hands of a nursing home that was supposed to provide them with care can be devastating. After all, you want your loved one to have the best care possible. If you’re considering filing a claim against a caregiver or nursing home facility, set up a consultation as soon as possible with a lawyer, like a nursing home lawyer from Brown Kiely LLP.