Nursing Home Injuries: Special Proof Considerations
Loss of enjoyment of life
Most states allow additional recovery when an injury interferes with a plaintiff's ability to lead a normal life. The loss of the enjoyment of life is generally understood to mean one is deprived of the ordinary pleasures of living a full life. With an elderly client, this could mean the ability to play with one's grandchildren, to walk and exercise as one did prior to an injury, to communicate meaningfully with others, or to engage in pastimes one previously enjoyed.
Shortened Life Expectancy
Courts generally do not recognize shortened life expectancy as a separate injury, but it may be considered in determining the seriousness of an injury, decreased earning capacity, pain and suffering, and mental suffering from the knowledge that one's life will be shorter. Jurors are typically told to determine a plaintiff's future damages based on standard life expectancy tables; however, due to improvements in medical science and living conditions over the years, an attorney might argue that life expectancy was or is actually greater than the standard tables would indicate.
Punitive Damages
Punitive damages may be awarded in cases where it is shown that a nursing home engaged in malicious or reckless conduct. In such cases, it is sometimes argued that the nursing home resident was deprived of his or her statutory rights.
Structured Settlements
Structured settlements are settlements that involve periodic future payments, rather than one lump sum payment, to an injured plaintiff. They are used increasingly in personal injury litigation today, but involve special considerations for the elderly. For an older person, a structured settlement has the advantages of safety, and income that will not be taxed or need management. One must consider, however, that if an older person dies sooner than expected, he or she will lose the benefit of their future payments. On the other hand, the injured elderly person can have a settlement structured so that his or her grandchildren or other beneficiaries will receive guaranteed settlement payments after his or her death.
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