What Are Victims Rights of Nursing Home and ALF Abuse
What Damages Are You Entitled to Recover in a Florida or Georgia Nursing Home Abuse Case?

• Pain and suffering
• Mental anguish
• Past and future medical bills incurred as a result of the abuse and/or neglect complained of
• Punitive damages, if warranted

In some cases it may also be possible to bring a claim for relocation expenses if the resident has to relocate to another facility.

Georgia Wrongful Death and Survival Actions:

In nursing home abuse and/or neglect cases in which the resident dies as a result of the abuse and/or neglect, the administrator of the estate of the deceased resident may bring a survival action (if the injuries did not immediately cause death) for the following:

• Conscious pain and suffering of the resident from the time of injury until death
• Mental anguish
• Past medical expenses incurred as a consequence of the abuse and/or neglect complained of
• Funeral and burial expenses
• Punitive damages, if warranted

In addition, the wrongful death survivors may bring a separate claim for wrongful death for the “full value of the life” of the deceased resident (an amount to be determined in the enlightened conscience of an impartial jury).

The “full value of the life of the decedent” consists of two elements:

• The economic value of the deceased’s normal life expectancy
• The intangible element incapable of exact proof

This means a jury has some discretion in their determination of an economic award, even when the victim is/was no longer employed, in arriving at the value of the life of the deceased.

The jury is not bound to find that lifetime earnings reduced to present value is the full value of the life of the deceased, but such is an aid only to the jury in making such a determination.

Miller v.  Jenkins, 201 Ga.  App.  825, 412 S.E.2d 555 (1991), cert.  denied, 201 Ga.  App.  904, 412 S.E.2d 555 (1992).   The “full value of the life” is measured from the point of view of the person who died.

Brock v.  Wedincamp, 253 Ga.  App.  275, 281-82 (2002).   The economic value of the deceased’s life consists of the income that they would have earned over their lifetime from all sources, plus the value of any household services that they provided (all reduced to present value).

The intangible element consists of such things as consideration of the familial and other relationships that the decedent had and enjoyed, the companionship of marriage, the activities that they enjoyed, the deceased’s reasons for living, and any other pertinent factors.

It is impossible to give a complete list of the factors that may be considered by a jury in connection with assessing the intangible element with regards to the “full value of the life of the deceased,” because every person is different.

Finally, in financial abuse cases claims, may also be brought for the recovery of the lost money or the value of the stolen property or benefits, plus additional punitive damages.

Under Georgia law, a survival action is brought by the administrator of the deceased resident’s estate; while a wrongful death action can only be brought by certain members of the deceased resident’s family, or if there are no such surviving family members, by the administrator of the deceased resident’s estate.   The family members who may bring a wrongful death action under Georgia law include the following:

1.     The spouse of the deceased
2.      If there is no spouse, then the deceased’s children
3.      If there is no spouse or children, then the living parent(s) of the deceased
4.      If there is no spouse, children or living parent, then the administrator of the deceased’s estate.