Punitive Damages in Nursing Home Abuse
Yes, in California, it is possible to seek punitive damages in cases of nursing home abuse. Punitive damages are awarded in addition to compensatory damages and are intended to punish the responsible party for their misconduct and deter others from engaging in similar behavior.
Under California law, punitive damages can be sought if it can be proven that the defendant's actions were willful, intentional, or involved a conscious disregard for the safety and well-being of the elderly resident. It is necessary to demonstrate that the defendant's conduct was more than just negligence or ordinary carelessness but rather involved a high degree of recklessness or malice.
The amount of punitive damages awarded in nursing home abuse cases can vary and is determined by the jury or the court. There is no specific cap on the amount of punitive damages that can be awarded in California, but they are generally limited to a reasonable and proportionate amount based on the circumstances of the case.
It is important to consult with a personal injury attorney who specializes in nursing home abuse cases in California to understand the specific laws and regulations that apply to your situation. They will be able to assess the details of the case, gather evidence, and pursue punitive damages if appropriate, along with compensatory damages, to ensure your loved one receives the full measure of justice and compensation they deserve.