There are several categories of damages commonly implicated in a nursing home case. The core of any elder abuse case is the damages suffered by the person who was abused. These damages cover standard items, such as past and future medical bills, as well as more intangible concepts like the pain and suffering from the injuries, and the indignity experienced both during the abuse and in life following it.
Beyond the victim, there are potential damages for people who are part of the victim’s life. One example is a claim called negligent infliction of emotional distress. This applies when a family member is present at the facility—or even remotely via Zoom or FaceTime—and contemporaneously perceives that their loved one is being neglected, suffering emotional damages as a result. That claim is recoverable under California law and exists in addition to the claim of the person who was abused.
Another category of claims includes loss of consortium and wrongful death claims. Wrongful death claims, interestingly, are not the claims of the person who died; they are claims brought by the people in that person’s life—parents, children, siblings, and other loved ones. California law has strict rules about who can bring these claims. These damages cover the lost relationship, love, companionship, and any economic support the deceased provided, and they are recoverable under California law.
