When we choose a nursing home for our loved ones, we do so with care. We pore through brochures, tour facilities, and meet with staff, all to ensure our family members will be safe, comfortable, and well-cared-for. Since we place such an immense amount of trust in these facilities, we never suspect that our loved ones will become victims of elder abuse. So, when we suspect they are not receiving the appropriate care, we are left feeling heartbroken, angry, and betrayed. 

While nothing can truly erase the emotional scars or physical harm caused by nursing home abuse, you do have the right to seek justice — and compensation — for what your loved one has suffered. Below, we explore the types of compensation that may be available to victims (and their families) of nursing home abuse and neglect.

Types of Compensation in Nursing Home Abuse Cases in Delaware

In a nursing home abuse lawsuit, the compensation awarded is referred to as “damages.” These damages are intended to reimburse the victim and their family for the various losses they have endured as a result of the abuse or neglect. In Delaware, these damages are typically categorized into three main types: economic, non-economic, and punitive.

Economic Damages

Economic damages are intended to reimburse the victim (or their family) for measurable financial losses. These can include:

  • Medical Expenses: Victims of abuse often require medical treatment for physical injuries, infections (such as from bedsores), dehydration, malnutrition, or other health complications caused by neglect. These damages cover past, current, and future medical costs related to the abuse.
  • Rehabilitation Costs: Physical therapy, psychological counseling, or occupational therapy may be necessary to help the victim recover physically and emotionally.
  • Relocation Expenses: Families may need to move their loved one to another, safer nursing home or into private care. The costs of relocation (including transportation, deposits, and new care arrangements) can be recovered.
  • Costs for Stolen Property: In cases involving financial exploitation or theft, compensation can be sought for the value of any stolen money, jewelry, or other personal belongings.
  • Funeral and Burial Expenses: In tragic cases where nursing home abuse leads to wrongful death, families may also seek compensation for funeral and burial costs.

Non-Economic Damages

While economic damages focus on tangible costs, non-economic damages aim to compensate for the emotional, mental, and physical suffering caused by abuse. These losses are deeply personal and often far greater in impact than financial losses.

Common examples of non-economic damages include:

  • Pain and Suffering: Physical pain caused by injuries, medical neglect, or prolonged mistreatment can be included in a compensation claim.
  • Emotional Distress: Victims of abuse may experience depression, anxiety, fear, humiliation, or loss of trust in caregivers. This portion of the compensation acknowledges that deep emotional scarring.
  • Loss of Dignity and Enjoyment of Life: Nursing home abuse robs victims of comfort, respect, and quality of life during their final years — something no amount of money can fully replace, but that courts recognize as compensable harm.
  • Loss of Companionship: Family members may also seek compensation for the emotional loss associated with their loved one’s suffering or passing.

Punitive Damages

In some cases, the nursing home’s behavior is so egregious — such as intentional abuse, repeated violations, or gross negligence — that the court may award punitive damages. These damages are not meant to compensate the victim directly but rather to punish the wrongdoer and discourage similar conduct in the future.

In Delaware, punitive damages are awarded only in rare circumstances where the nursing home’s conduct demonstrates willful disregard for resident safety or extreme negligence. For example, if staff knowingly withheld medication or falsified records to hide neglect, the court may impose punitive damages.

Factors That Affect Nursing Home Abuse Settlements

The amount of compensation available for a nursing home abuse case will depend on several factors that can either increase or limit the potential settlement value.

  • Severity of the Abuse or Neglect: The more severe the physical or emotional harm, the greater the compensation is likely to be. For instance, cases involving fractures, untreated infections, or wrongful death generally result in higher settlements than cases of emotional neglect or minor injuries.
  • Duration and Pattern of Abuse: Was the abuse a single incident or part of an ongoing pattern? Repeated neglect or systemic abuse (such as chronic understaffing or lack of supervision) can increase liability and result in higher compensation.
  • Evidence and Documentation of Abuse: Medical records, photos of injuries, witness statements, and facility reports can all strengthen your claim. The clearer the connection between the abuse and the victim’s harm, the stronger your case.
  • Facility’s History and Conduct: If the nursing home has prior violations, citations, or lawsuits for similar misconduct, that history can influence the case outcome and make punitive damages more likely.
  • Emotional Impact on the Victim and Family: Courts also consider the psychological toll on the victim and their loved ones. Evidence of fear, anxiety, or loss of enjoyment of life can significantly affect the settlement amount.

Getting Started With Filing a Nursing Home Abuse Lawsuit

If you suspect your loved one has been abused or neglected, taking immediate action is essential, both to protect them and to preserve evidence for your claim.

Here’s how you can start filing a nursing home abuse lawsuit in Delaware:

  • Seek Medical Attention: Ensure your loved one receives appropriate medical care as soon as possible. This not only protects their health but also documents their injuries.
  • Report the Abuse: File a report with the Delaware Division of Health Care Quality or local law enforcement. 
  • Document Everything: Keep detailed notes, photos, and copies of medical or facility records. 
  • Consult a Nursing Home Abuse Attorney: Nursing home abuse cases are complex and emotionally charged. A lawyer experienced in this area can investigate the case, identify responsible parties, and pursue compensation through settlement or trial.

Let Us Fight for Your Loved One’s Rights

At The Inkell Firm, LLC, we understand how devastating it is to discover that someone you trusted to care for your loved one has caused harm instead. Our mission is to help families like yours seek justice and hold negligent facilities accountable.

Attorney Josh Inkell has extensive experience representing victims of different types of nursing home abuse and neglect. With a strong background in personal injury and elder abuse litigation, he has successfully fought for clients whose family members suffered at the hands of negligent caregivers and institutions. From investigating the facts to negotiating with nursing home insurers and, if necessary, taking your case to trial, he will stand by your side every step of the way and work tirelessly to ensure you receive fair compensation.

Contact The Inkell Firm, LLC today for a free, confidential case evaluation. Together, we’ll fight to protect your loved one’s rights and pursue the justice they deserve.