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Should We File A Lawsuit if Our Parent Develops Bedsores At a Nursing Home? – Part 2: Trial

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In our prior post, we looked at the process around filing a lawsuit if your loved one suffers from bedsores at a skilled nursing facility. According to the federal government, over 2.5 million people develop bedsores each year often occurring at nursing homes where understaffing causes negligent care of its residents.

“The presence of bedsores is a leading indicator of elder abuse, which is sufficient reason to file a lawsuit against the responsible caretaker,” said John Dalli, a partner in the law firm Dalli & Marino, LLP. “An experienced nursing home abuse attorney can help determine if you have a case and how best to proceed.”

We reviewed how that process starts: A complaint is filed; discovery is conducted, and settlement negotiations take place. If no agreement is reached, the case then goes to trial. Of course just because a case is filed, there is no guarantee there will be a recovery.

What Can I Expect at a Bedsore Lawsuit Trial?

Most trials follow the same general format. The plaintiffs go first and make their case to the jury by putting on evidence and questioning witnesses. The plaintiff will try to show by a preponderance of the evidence that the defendant should be held liable for the plaintiff’s injuries.

Once the plaintiff has completed his or her presentation of the evidence, it is the defendant’s turn.  The defendants will then make their case for why they are not responsible for the plaintiff’s injuries.  After both sides rest, each party has the opportunity to make a closing argument.

The case then goes to the jury who deliberates.  Once the jury has reached a verdict, it is read to the court, and the plaintiff will learn whether or not the defendant will be held liable and what damages the jury has decided are appropriate.

What Types of Damages Can Be Awarded for Bedsore Injuries?

What your loved one can be compensated for is an important factor in deciding whether or not to file a lawsuit against a negligent caretaker.  Can they recover damages for the expensive medical bills that they have been racking up? Can they be compensated for the considerable pain and suffering they have endured? Can you make the person or entity pay damages because their behavior was egregious?

The answers depend on the facts and circumstances of your specific case. Damages can be broken down into two categories:  compensatory and punitive:

Compensatory damages compensate the plaintiffs for the harm they suffered and the losses incurred as a result of the defendant’s negligence.  This would include medical bills, lost wages, and pain and suffering.

Punitive damages, by contrast, are not meant to compensate the plaintiff.  Instead, they are used to punish the defendant for past reprehensible behavior and to deter any similar conduct in the future.  Punitive damages are only available in certain instances when a defendant’s behavior was particularly willful or egregious.

Contact Nursing Home Abuse Attorneys

John Dalli, Salvatore Marino, and Jeanne RamassoBedsores are the #1 sign of neglect at a nursing home. If your loved one has developed this type of injury at a skilled nursing facility in New York, call the law firm of Dalli & Marino for a free case evaluation.  Our attorneys have extensive experience fighting on behalf of those who have been subject to abuses while in residential care facilities. Our team serves Suffolk and Nassau Counties (Long Island), Manhattan, Brooklyn, the Bronx, Queens, Staten Island and Westchester County.

You can contact us by phone at 1-888-465-8790 [Toll-Free] or complete the CASE EVALUATION FORM on our Contact Page.