Elder abuse cases are some of the most difficult cases to deal with, simply because of the level of emotional distress suffered by your loved one. Evaluating the value of your elder abuse case will require some information, but here is how you can assess the value of your case. It is important to have a ball park figure for your case value so you can properly determine whether any offer made is reasonable. If you or your loved one has been a victim of elder abuse, contract a Elder Abuse attorney for a free case evaluation.
Understanding Case Value in Elder Abuse Lawsuits
Case value is evaluated by taking into consideration a number of different factors. This includes age of the victim, type of injuries, conduct of parties involved, pain and suffering and whether any long term injuries were sustained. These are some of the most important factors used to asses case value.
The Age of the Victims: Age of the victim is an important component for understanding case value. Age is important in computing life expectancy. When you consider age of the victim, it is important to remember that the younger in age, the more likely it will be for a jury to award a greater settlement. However, age alone is not indicative of a potential settlement, it simply provides a benchmark to potential case value.
Type and Severity of the Injuries Suffered: Type of injuries is critical to understanding case value. If you have minor injuries, the case may not be worth pursuing. However if you have long term dehydration, abuse, neglect or other types of injuries, it is possible to pursue high value claims for injuries. So how do you determine what is considered a serious injury? This can require intense evaluation of the facts to determine whether we have a viable claim. Often times we will have our own doctors and experts evaluate the claim to determine whether we have a potential injury.
Pain and Suffering: A victim of elder abuse in a nursing home or elderly care resident facility has the right to compensation for emotional stress. There is no way to put an actual dollar amount of pain and suffering. These elements or components of the claim are based on factors which require psychological evaluation to determine the extent of the trauma suffered. In many cases the pain and suffering component can be the most compensable element of your claim. These are some of the elements used to put a dollar value to your elder abuse claim. Our method includes at least 10 other factors to determine the real value of an elder abuse case. It is important to keep this in mind when considering any potential offer or settlement for your case.
Is Elder Abuse Considered Medical Malpractice
This is another important question. Elder abuse is NOT considered medical malpractice. So why is this important? Because medical malpractice cases are governed by MICRA caps. These caps will often limit recovery, however elder abuse cases are not governed by these factors. If you have been a victim of elder abuse make sure you speak to an elder abuse attorney to fully understand your rights.