When a nursing home abuse victim brings a claim for compensation, they need to prove their damages. It’s the burden of the victim to show what damages they received. They must also show what those damages are worth. Texas law requires nursing home abuse victims to undertake the task of demonstrating their losses.
Understanding damages in a Texas nursing home case
In order to prove damages for a nursing home abuse and neglect case, it’s important to begin by understanding the many different types of damages that may be available. Physical injuries may occur from abuse. Examples of abuse injuries may be broken bones, bruises and bleeding. These injuries deserve compensation under Texas law.
Neglect cases also produce serious injuries that are deserving of compensation. Injuries like bedsores or other injuries that result from a lack of mobility assistance devices, inadequate exercise or inattention are equally deserving of financial compensation for a nursing home neglect victim. In addition to physical injuries, emotional damage and mental anguish are also categories of losses that deserve financial compensation.
Winning fair compensation for nursing home abuse and neglect
Once a victim understands the amount of compensation that they deserve, the next step is to prove the damages. Testimony from the victim, other residents, employees and third-party care providers is often important to the case. In addition, medical records are important. For a victim, getting the right medical evaluations is a critical part of not only proving the case but also justifying the amount of requested damages. Mental health evaluations can be critical for proving the correct payment for emotional anguish.
Nursing home abuse and neglect cases
Because Texas has damage caps in nursing home abuse and neglect cases, it’s important to structure the case in a way that allows the victim to receive the maximum compensation possible. An attorney may help a victim build the evidence to make the case successful. Carefully structuring the case and building the necessary evidence may allow a victim to receive fair payment for their losses and, ultimately, receive justice for their abuse or neglect.