In Kentucky, your loved one is entitled to recover for all the damages she can prove she suffered due to nursing home abuse or negligence.
Some states have caps on non-economic damages such as pain and suffering, but Kentucky is not one of those states. Here, you can recover for the full amount of your non-economic damages as long as you can convince the insurance company or the court of their value.
How to Prove the Value of Nursing Home Damages
The insurance company or the court is going to need strong evidence of the damages that were caused by abuse or negligence. This may include, but is not limited to:
- Medical records. Your loved one’s medical records should detail the injuries she suffered. The dated entries may help prove that those injuries were the result of the abuse or negligence at her nursing home.
- Nursing home charts. These charts may show how frequently your loved one was checked on, how often she was fed, or when her medications were given.
- Nursing home logs. These logs may show how many staff members were on duty and how long they worked each shift.
- Nursing home training documents and logs. This will show who attended trainings and provide information about the content and quality of those trainings.
- Nursing home policies and procedures. It is important to know whether staff members were in compliance with nursing home policies and procedures and whether those policies and procedures were designed to provide reasonable care to residents.
- Witness testimony. Other staff members, residents, or visitors may have seen what happened to your loved one and may be able to provide useful testimony.
A skilled nursing home abuse lawyer can analyze all of this evidence, explain what fair damages may be in your loved one’s case, and then fight for those damages with the insurance company or in court.
To learn more about the specific damages your loved one may be able to recover in a Kentucky nursing home abuse case, please contact our experienced nursing home abuse attorneys today for a free, no-obligation consultation. We can be reached any time through this website or by phone.