Nursing Home Case Value in Maryland

The value of a nursing home abuse or neglect case depends upon a number of factors. Each case is unique, and it is important to work with a skilled nursing home abuse and neglect attorney who is familiar with the process of holding a negligent nursing home accountable and assessing the appropriate amount of damages to seek.

If you or a loved one experienced abuse or neglect in a nursing home or assisted living facility, a skilled personal injury attorney could help you understand your nursing home case value in Maryland.

Compensatory Damages

There are two main types of damages a nursing home abuse and neglect victim may claim: compensatory and punitive damages.

Compensatory damages include reimbursement for actual losses. Any compensation for a cost stemming from the nursing home abuse or neglect could potentially be considered a compensatory damage award, whether it represents a direct monetary loss or not. Both monetary damage awards and nonmonetary damages are considered compensatory since they are meant to compensate for a loss.

Monetary Damages in Nursing Home Cases

Monetary, or economic, damages include any type of loss where the value is tied directly to the cost of the damage. Things like medical bills, hospital stays, prescription costs, physical and psychological therapy sessions, lost wages from missed work, property loss, moving costs, or the price of adapting a home so that a nursing home resident can be cared for at home by a relative instead of in a facility could all be considered monetary damages.

Nonmonetary Damages in Nursing Home Claims

Nonmonetary damages typically include losses like pain and suffering, loss of enjoyment in life, inconvenience, or loss of companionship, if the hurt loved one is killed or incapacitated due to the nursing home’s negligence. These types of losses are more difficult to quantify in monetary terms, but they represent actual losses nonetheless.

Courts value nonmonetary damages based on a number of factors, including the severity of the injuries or losses suffered, the severity of the misconduct involved, and the impact on the specific victim’s life, both now and in the future. Some states have more generic rules about valuing pain and suffering, but Maryland requires the courts to consider the specific circumstances of each individual case when arriving at a damage amount for nonmonetary awards.

Maryland caps pain and suffering and other nonmonetary damages at $845,000 in cases in which the victim did not die as a result of the misconduct. If the victim died and a wrongful death case ensues, the damage cap for non-economic damages could be as high as $2,112,500 if there are two or more beneficiaries.

Punitive Damages

Punitive damages are only awarded when the court feels that the wrongdoing party’s conduct was especially egregious and deserving of punishment that goes above and beyond compensating the injured victim for their actual losses.

Maryland does not arbitrarily cap punitive damages, but in practice, when punitive damages are awarded, they typically are in amounts in relation to the compensatory damages, such as three times, or five times, the amount of compensatory damages awarded.

Call a Maryland Lawyer to Learn More About Your Nursing Home Case Value

Your nursing home case value in Maryland will depend upon a variety of issues specific to the facts of your nursing home abuse and neglect case. Only an experienced nursing home abuse and neglect attorney could assess the possible valuation of your claim and determine which type of damages you may be eligible to obtain. Call today and set up a consultation.