Will Large Nursing Home Abuse Verdicts Curb Maltreatment?
Large verdicts in nursing home abuse suits may serve to reduce future instances of assault against elderly residents. Over the past few decades, increasingly large punitive damages against negligent care facilities have forced many offending facilities to change the methods they use to protect residents from harm.
Juries Siding with Victims
Increased public awareness of elder abuse is making it more likely for juries to believe plaintiffs who pursue claims for nursing home abuse. The public is becoming more informed about the realities of elder sexual assault, financial abuse, physical abuse, and mental abuse.
When shown evidence that abuse occurred, juries are likely to pursue the harshest possible punishment allowed by law. These jurors are motivated by a desire to punish the guilty and protect potential victims from harm in the future. Many are motivated by thoughts of their own health or the health of their own friends and family members.
Children Leading the Charge
60% of nursing home abuse claims are brought forth by children of the victim working closely with their nursing home abuse lawyer. One reason for this is that nearly 50% of claims against nursing homes involve the wrongful death of the resident. In a significant number of cases, there is a long-established pattern of abuse that demonstrates willful negligence on the part of the nursing home facility.
Of all personal injury and wrongful death claims filed against nursing home facilities and elder care providers, nearly 85% result in a favorable verdict for the plaintiff. In many cases, the victim has suffered significant physical pain, psychological injury, and financial loss. The increasing amount of settlements reflect the desire of society to vindicate the victim and recover as much as possible from the perpetrators of these crimes.