Punitive damages require conduct meeting a heightened standard, typically recklessness, oppression, fraud, or malice, proven by clear and convincing evidence in most states. Elder abuse statutes may provide enhanced damages and attorney's fees independently.
Some statutes permit these damages to survive the resident's death.
Alternative Names:
Elder Abuse Punitive Damages, Enhanced Damages (Elder Abuse)
Why it Matters?
Survival of these damages after death is frequently the largest valuation variable in a nursing home case, because most residents die before resolution and ordinary pain and suffering damages abate in many states. Where the elder abuse statute preserves them, the claim retains substantial value that a straight negligence claim would lose. Corporate conduct evidence including staffing and budget decisions is what supports the heightened standard.
Frequently Confused with
Related terms
Frequently asked questions
Do elder abuse damages survive the resident's death?
What supports the heightened standard?
