If you or a loved one residing in a nursing home in Colorado was a victim of abuse or neglect, you might be able to pursue compensation through a claim or lawsuit. The following types of abuse and neglect can qualify you for compensation:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial exploitation
A nursing home abuse lawyer from our Colorado team at Pintas & Mullins Law Firm can help you build your case. If you would like more information about how we may serve you, we offer free first consultations to all prospective clients.
A Nursing Home Abuse Lawyer from Our Team Can Help You Fight for Compensation
One of the first things our legal team will do once we take on your case is evaluate your economic and non-economic damages. We do this to measure how much compensation you should pursue to recover both your past and current losses as well as losses you expect to face in the future, such as future medical bills.
Calculating how much your case is worth is also a good way to understand how fair a settlement offer is. When we present your case to an insurance company or the courts, we have to be specific in the damages you or your loved one experienced and explain why you are entitled to the amount of compensation you’re pursuing.
Economic damages are easier to calculate since they already have a monetary figure associated with them and can be proven with tangible documents, such as bills, invoices, tax forms, etc.
We may be able to secure compensation awards for the following types of damages:
- Medical treatment costs
- Property damage or theft
- Current and future loss of income
- Mileage costs to doctor’s appointments if applicable
If your case involves the death of your loved one, we may also pursue additional awards related to paying for their funeral, burial, or cremation, and other financial factors related to their fatal injuries.
Non-economic damages, however, do not have a monetary value as they are felt personally by the victim. They generally involve physical and emotional losses, so their value is measured by how much they exacerbated the victim’s financial injuries.
We may be able to secure you compensation awards for the following types of non-economic damages:
- Pain and suffering
- Loss of enjoyment in life or former activities and hobbies
- Permanent disability
- Physical disfigurement
- Diminished quality of life
- Loss of consortium
In cases involving wrongful death, other emotional losses experienced by the family, such as grief or loss of emotional support, can also be claimed for compensation.
There May Be a Damages Cap for Your Lawsuit
While we may include non-economic damages into your compensation demands, Colorado does place certain caps on these awards, which varies by the type of lawsuit you submit.
If you are filing a personal injury lawsuit, Colorado Revised Statutes §13-21-102.5 mandates:
- Non-economic awards are limited to $468,000 unless the court finds justification to increase damages. If the court allows higher non-economic awards, the amount may not exceed $936,030.
- Derivative non-economic awards may not exceed $408,010. These limits do not apply to compensatory awards for physical impairment or disfigurement.
- Caps apply to each defendant rather than each plaintiff. If a plaintiff proves the liability of multiple defendants, they will be allowed to max out the caps against each defendant.
If you are filing a medical malpractice lawsuit, Colorado Revised Statutes §13-64-302 mandates:
- Non-economic awards shall not exceed $1 million per patient, including any claim for derivative non-economic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative non-economic loss or injury (exceptions apply).
If you are filing a wrongful death lawsuit, Colorado Revised Statutes §13-21-102.5 mandates:
- Non-economic damages are limited to $250,000 unless the court finds justification to increase damages.
- This limitation applies on a per-claim basis rather than a per-defendant basis.
- There is no limitation on damages in the case of felonious killings.
Your Nursing Home Abuse Case Has a Legal Filing Deadline
Another service our legal team offers our clients is keeping track of the legal filing deadline. Whether you file a personal injury or medical malpractice case, there is a statute of limitations that dictates how long you have to submit your case.
In Colorado, these statutory deadlines are similar, but key differences can change the specific date you start your filing window period. This is important to note because if you miss the deadline, your case may get dismissed, and you would not be able to pursue compensation.
The following statutory deadlines apply in Colorado:
- Personal injury lawsuit: You generally have two years from the date of injury to file, per Colorado Revised Statutes §13-80-102.
- Medical malpractice lawsuit: You generally have two years after the cause of action to file, per Colorado Revised Statutes §13-80-103. In no instance shall an action be brought more than three years after the act or omission that gave rise to the action. If a foreign object is involved, the deadline to file is two years from the discovery of the object. Children under six years have until age eight to file suit.
- Wrongful death lawsuit: You generally have two years from the date of death to file, per Colorado Revised Statutes §13-80-102.
For a free legal consultation, call (800) 794-0444
Different Types of Nursing Home Abuse and Neglect May Entitle You to Compensation
The following types of nursing home abuse and neglect can qualify you for compensation:
- Physical abuse: This can involve hitting, burning, choking, and other physical violence.
- Emotional abuse: This can involve harassment, yelling insults, bullying, and emotional manipulation.
- Sexual abuse: This can involve sexual assault, rape, groping, exposure to pornography or nudity, and other forms of sexual harassment.
- Financial exploitation: This can involve theft, pressuring residents to give money, and taking advantage of a resident’s mental state to retrieve financial information.
- Neglect: This occurs when a nursing home facility does not have proper living conditions for residents or when staff members neglect to perform duties to take care of residents, whether on purpose or due to understaffing.
Call Now to Get a Free Case Review and Start Working With Our Team Today
If you would like to hire a nursing home abuse lawyer near you in Colorado, call Pintas & Mullins Law Firm today for a free consultation. We can have a lawyer from our team who serves your area begin working on your case without charging you anything upfront.
In fact, our legal team works on a contingency fee basis, so we do not charge any attorney’s fees unless we win your nursing home abuse case. There is no obligation to sign on, but there is also no risk to try to fight for the justice you or your loved one deserves. Call (800) 842-6336 today to get started.