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Types of damages potentially recoverable for nursing home abuse

Residents of nursing homes in New Mexico depend on the facilities to provide adequate care and treat them with dignity. Violations of these expectations can inflict serious physical and emotional injuries both on the victims and their relatives. The law recognizes the betrayal that victims of nursing home abuse have suffered and could enable the collection of compensation for damages arising from a variety of factors. People who need to hold a nursing facility accountable must gather as much evidence as possible about what happened to improve the likelihood of gaining a settlement.

Many issues that reduce or eliminate a person's ability to enjoy life might have a legitimate place within a claim for damages. Calculating the losses endured by an individual or family involves adding up medical bills and expected future medical care. Mental anguish could count as well toward damages. Suffering associated with physical injuries, loss of mobility, fear of future attacks, sleep loss and post-traumatic stress disorder could qualify as legitimate damages.

If a nursing home resident dies as a result of abuse or neglect, surviving family members might also have a right to pursue compensation. Grief, loss of companionship, mental anguish and funeral expenses could contribute to the determination of total damages.

A person who needs to move a loved one to a safer place and take action against an abusive nursing facility or individual might benefit from legal representation. An attorney may provide guidance about collecting evidence of abuse and documenting damages. During the litigation process, an attorney might help a person negotiate a settlement and compare the choice between a lump sum settlement and structured settlement. An attorney may be able to produce an acceptable outcome during pretrial negotiations or communicate the facts to a jury.

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