Virginia Bed Sore Case Valuation & Settlements

Virginia Elder Abuse and Bed Sore Laws & Nursing Home Abuse Verdicts
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After victims of elder abuse, bed sores, or other injuries in Virginia learn what kind of compensation is available to them, they normally want to know what their case will look like; what it will require; and how long it will last. We try to thoroughly explain all of this. The following paragraphs concern major issues related to these legal dimensions.

Statute of Limitations Virginia Elder Care Laws

People in Virginia might be shocked when they go to file their lawsuit and find that they cannot do so. Virginia provides a time limit on cases in its statute of limitations. Here are the limits on bed sore and elder abuse cases:

  • 2 years for negligence and medical malpractice according to Va. Code 8.01-243(A)

“A. Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.”

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Form of Virginia Elder Abuse Lawsuits

Generally, pundits and clients spend most of their time speculating about the outcome of cases. However, they would be far better off studying the start of these same cases to predict their success or failure, especially as it relates to compensation (either in the form of jury award or settlement amount). Specifically, the makeup of lawsuits can fairly and accurately predicts their recovery, particularly when one combines this with the facts of the injury that led to the complaint. Take a look at how most plaintiffs bring elderly abuse and bed sore cases:

  • Negligence: Virginia sees a lot of negligence lawsuits for elderly abuse and bed sores. When they are brought, plaintiffs state that the defendant acted unreasonably in some manner and that those actions caused the injuries mentioned.

  • Medical Malpractice: Similar to negligence cases, residents of Virginia can bring medical malpractice cases. These imply that a health care provider acted unreasonably and injured a patient.

  • Wrongful Death: If someone else abused one of your elderly loved ones, and they died because of that abuse, then you could possibly bring a Virginia wrongful death case to receive compensation for the injuries that you consequently suffered.

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What Does a Lawyer Have to Prove in a Virginia Elder Abuse Case?

Regardless of how you were injured, what damages you sustained, or how egregious the defendant’s conduct was, at the end of the day, it comes to whether or not you can prove the elements of your case. To predict whether or not you will be able to, compare the kind of case you are raising with the facts of your dispute. Here the key points you have to make for regular bed sore and elder abuse lawsuits:

Negligence Cases:

  1. The defendant owed the plaintiff a specific, legal duty.
  2. The defendant breached that duty.
  3. The breach caused the plaintiff injury.
  4. The injury resulted in damages.

Medical Malpractice Cases:

  1. The defendant healthcare provider owed the plaintiff a duty that can be established according to local, medical customs.
  2. The defendant breached that medical duty.
  3. The breach was the legal and factual cause of he plaintiff’s injury.
  4. The injuries led to actual damages to the plaintiff.

Wrongful Death Cases:

  1. Someone died
  2. The death was the result of someone else’s negligence or intentional misconduct.
  3. The death led to actual injuries and damages to the decedent’s family or spouse.

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What Are Common Defenses in Virginia Elder Abuse Cases?

Many Virginia elder abuse lawyers understand that their arguments, their research, and their presentation are just half of the game. The defense still has its chance to present its case and it is critical that every plaintiff’s attorney try to predict his or her moves. However, they also must keep their clients in the loop on their predictions and case developments. Here is what plaintiffs can expect a defendant to claim in a typical elder abuse or bed sore case:

  1. Pre-Existing Injuries: The defendant will surely argue that the plaintiff’s pre-existing injuries are really to blame, not his or her conduct.

  2. Lack of Misconduct: After trying to make the case that they acted completely legally, defendants normally attempt to claim that all of their actions taken together could not amount to responsibility for the plaintiff’s injuries.

  3. Amount of Damages: If they are not successful on disproving their fault, defendants normally turn to damages to deny that they exist to the extent the plaintiff claims, if at all.

  4. Plaintiff’s Conduct: He did it! This is a common refrain from the accused in elder abuse cases. In some instances, it is much easier to blame someone else than prove your innocence and that might be why we see this defense so often in this context.

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What Kind of Damages Do Virginia Elder Abuse Cases Have?

More than just the injury, Virginia elder abuse and bed sore cases often come down to the form and value of damages that victims sustained. What the law means by damages is the outcome of the misconduct that caused your injuries. Here is a list of some of the most typical varieties of damages:

  • All the medical bills, prescription bills, rehabilitative bills, and other costs associated with your recovery.

  • All lost income or wages that you sustained because of the incident.

  • Any property damage that you incurred because of the incident.

  • Any decreased quality of life that you can prove (i.e. if you can no longer do things you used to or enjoy things to the extent that you used to before the incident).

  • Any expenses, lost support, lost companionship or other losses associated with the death of a loved one because of the incident.

Obviously, there are an innumerable number of ways in which you may be damaged if you suffer from elder abuse or bed sores in Virginia. However, they normally break down into economic, non-economic, or wrongful death categories. With one of your experienced attorneys, you can figure out exactly where your case falls.

As you can see, the range of possible compensation available to you covers economic, non-economic, and wrongful death damages in Michigan. With one of our qualified attorneys, we can go over and explain what recovery might be specifically available to you.

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Victims’ Checklist

Here is a list of things to take note of or gather for cases related to elder abuse, bed sores, and similar lawsuits:

  • Any evidence of bills for medical treatment that the incident caused you as well as any incidental expenses.

  • Any evidence of lost income or wages as well as property damage because of the incident.

  • A list of all medical providers seen as well as any instructions or notes that they gave you or made that you can gather.

  • A list of all nursing homes, clinics, hospitals, or other facilities that you stayed at as well as the dates that you stayed at them.

  • Any evidence of your condition before the incident.

  • Any evidence of your condition after the incident.

  • Any evidence of misconduct by the person who caused the incident.

  • Any evidence of abuse/neglect including bruises, wounds, sores, dehydration, malnutrition, weight fluctuations, medication gaps, etc.

  • Any evidence of financial manipulation: modifications to estate documents such as wills, transfer of title of assets and bank accounts, disappearance of monies, etc.

  • For bed sores, evidence of broken skin, pigment discoloration, crater-like abscesses, and even exposed bones/muscles/tendons.

  • For elder physical abuse, evidence of unexplained injuries, signs of restraint, broken property, inability to visit the victim, etc.

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How We Can Help You with a Virginia Nursing Home Abuse or Bed Sore Lawsuit

Virginia victims of elderly abuse, bed sores, and exploitation might be vulnerable but they are not complacent. Our Virginia nursing home neglgience attorneys at Rosenfeld Injury Lawyers LLC know this personally after working with many of them-they want answers. They do not want to sit on the sidelines while lawyers they do not know that well work in backrooms. So when we tell them that we will cover every base and go to great lengths to ensure their victory, they want more. Therefore, we offer them and you the following guarantees:

  • Experience: We will make sure that only our most qualified and experienced attorneys manage your case through its entirety.

  • Resources: We will invest all resources necessary to ensure that your compensation is maximized and we will never ask you for a dime until we bring you an acceptable jury award or settlement amount.

  • Access: At all times throughout the case, we will make attorneys available to you so that your questions are answered and you are informed of what exactly is happening.

  • No Conflicts: We will promise not to represent nursing homes, hospitals, doctors, medical facilities, insurance companies, or any other related party because we believe in representing their victims and not their friends.

Elder Abuse Contact Information

To report suspected elder abuse, neglect, or exploitation in Virginia:

  • 1-888-832-3858 or your local department of social services.
  • To reach the State Long Term Care Ombudsman Program, telephone 1-804-565-1600.

Contact us today if you have been the victim of elder abuse or bed sores:

225 W Wacker Dr, #1760
Chicago, Illinois 60606
Phone: (800) 926-7565
Fax: (847) 572-1331
Email: jonathan@rosenfeldinjurylawyers.com

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Virginia Statistics

Introduction:

Those who experience bed sores or suffer from elder abuse are normally some of the most vulnerable members of our society, especially in Virginia. As hard and as traumatizing as these events are, the important thing to focus on is turning to obtaining recovery following the incident. This is true because your chance at compensation diminishes as time goes by and you need to take actions to guarantee that you receive the justice and recovery that you deserve. Normally, when speaking to those that have victimized, they are concerned with numbers: “How much are Virginia elder abuse cases worth?” This question deserves a specific answer customized to your facts and circumstances. However, by looking at some landmark statistics, you can get a general sense of what kind of recovery is possible. Our office is committed to fully prosecuting Virginia bed sore cases across the state and in the following cities: Virginia Beach, Norfolk, Chesapeake, Richmond and Arlington. We have assembled some for your review below but if you contact us we can discuss exactly what your case would look like.

Plaintiffs’ Recovery in Elder Abuse Cases:

Here is the breakdown of what plaintiffs in Virginia obtained for elder abuse cases:

Amount of Recovery
% of Plaintiffs

$0
20%

$1-$50,000
27%

$50,000-$100,000
8%

$100,000-$200,000
9%

$200,000-$500,000
10%

$500,000-$1,000,000
14%

$1,000,000-$2,000,000
6%

$2,000,000-$5,000,000
1%

$5,000,000
5%

Plaintiffs’ Recovery in Nursing Home Cases:

Here is the breakdown of what plaintiffs in Virginia obtained for nursing home abuse cases:

Amount of Recovery
% of Plaintiffs

$0
22%

$1-$50,000
22%

$50,000-$100,000
7%

$100,000-$200,000
11%

$200,000-$500,000
16%

$500,000-$1,000,000
12%

$1,000,000-$2,000,000
5%

$2,000,000-$5,000,000
1%

$5,000,000
5%

Plaintiffs’ Recovery in Bed Sore Cases:

Here is the breakdown of what plaintiffs in Virginia obtained for bed sore cases:

Amount of Recovery
% of Plaintiffs

$0
30%

$1-$50,000
21%

$50,000-$100,000
6%

$100,000-$200,000
7%

$200,000-$500,000
13%

$500,000-$1,000,000
10%

$1,000,000-$2,000,000
6%

$2,000,000-$5,000,000
3%

$5,000,000
4%

Virginia Takeaways:

  • Compared to the national average, Virginia elder abuse plaintiffs recovered about $25,000 more in compensation.

  • Compared to the national average, Virginia nursing home abuse plaintiffs recovered about $20,000 more in compensation.

  • Compared to the national average, Virginia bed sore plaintiffs recovered about $5,000 more in compensation.

  • Compared to the national average, Virginia elder abuse plaintiffs recovered nothing 11% less than others.

  • Compared to the national average, Virginia nursing home plaintiffs recovered nothing 5% less than others.

  • Compared to the national average, Virginia bed sore plaintiffs recovered nothing 1% less than others.

  • Compared to the national average, Virginia elder abuse plaintiffs recovered more than $1,000,000 4% less than others.

  • Compared to the national average, Virginia nursing home plaintiffs recovered more than $1,000,000 10% less than others.

  • Compared to the national average, Virginia bed sore plaintiffs recovered more than $1,000,000 2% less than others.

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Client Reviews
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric