Punitive damages are meant to punish a defendant. They exceed the simple compensation that would normally be awarded as economic and non-economic damages. Punitive damages are elevated to punish this facility or this defendant based on how egregious their conduct was.
To determine if you may be eligible to receive punitive damages in your Cherry Hill nursing home abuse case, it is imperative to consult with legal counsel. A knowledgeable attorney can help build a claim to maximize any potential compensation you may be owed.
Purpose of Punitive Damages
Punitive damages are not utilized simply to prove that the other party was negligent, but to establish that they were reckless and grossly negligent. That is a tough burden to prove.
Some factual situations support that the nursing home or the defendant was so egregious in their behavior, who they hire, and what happened that, a lot of times, there could be a claim for punitive damages in an individual’s Cherry Hill nursing home abuse case.
Awarding Compensation
Sometimes, a nursing home staff member should get faced with owing punitive damages when there is intentional or physical abuse. That does not automatically mean that there are punitive damages awarded.
However, if an attorney is able to look at the facility’s setting of that individual and that employee, and if there was a prior instance of this employee either abusing residents and the staff did not do anything about it, it could be something that maybe would be a Cherry Hill punitive damages case.
These cases require a fact-sensitive analysis, and the person needs to look at the overall circumstances.
Calculating the Award
In New Jersey, punitive damages are limited to $350,000 or five times the amount of the compensatory damages, whichever is greater. Compensatory damages are what are given for the person’s non-economic loss and the person’s economic loss.
A jury determines that number when the case goes to the trial. An attorney is not allowed to ask the jury how much they want in punitive damages. It is something that they come up with after hearing all of the facts and circumstances of the case. They make the determination of a number they think would be fair in light of the situation.
Factors to Determine Damages
The jury would look at all of the facts of the case and how egregious the actions were when determining the value of punitive damages in an individual’s Cherry Hill nursing home abuse case. They will aim to determine:
- How reckless was this facility?
- How grossly negligent were they?
- What happened?
- What did they not do?
- Why did they not do it?
They will also look at the injuries and what the result was of this egregious behavior. Then, the jury will come up with a number for punitive damages.
Because there is a cap on that up to $350,000 or five times the compensatory, the court after the fact may have to move the verdict down to be in accordance with the statute. That is something that would be done after the fact, but that is how the jury comes up with the number.
Preparing the Case
An experienced attorney will prepare every case, regardless of if punitive damages are involved or not, for a trial. If a person is preparing a case for trial and they are ready to go to a trial, they have the best chance of getting a positive result.
An experienced lawyer will also prepare as if the discussion of punitive damages in a Cherry Hill nursing home abuse case is going to go in front of a jury. They will attempt to show what was done, how egregious the act was, and what the punitive damages will be. An attorney should prepare that case as if a jury one day will hear that story.
Benefit of an Attorney
If a person is dealing with a case where there is the potential for punitive damages, it is important to hire an experienced attorney. Punitive damages are rarely given, and are difficult to prove. The legal standard to prove punitive damages is a tough hurdle to overcome.
A person needs a lawyer that is able to not only evaluate the case, review the records, and get experts to review them, but the person also needs an attorney that is able to handle all the legal hurdles that are going to apply.
When punitive damages are pled by an attorney, the defendant on the other side fights them tooth and nail to attempt to get those punitive damages claims thrown out. A majority of the time, the judges will throw them out because it is a tough standard to get to.
The person needs to make sure that they have an attorney that is able to prove what needs to be proven to get punitive damages to a jury in a Cherry Hill nursing home abuse case.
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My case settled recently after lasting 4 years. Grungo and Colarulo’s law firm were able to secure a large settlement award for my slip and fall accident. This money will help secure my future for the permanent injury I received as a result of the slip and fall. Everyone was very caring, and kept me informed throughout the entire process. Christine Lafferty is an excellent litigation lawyer. I highly recommend using them if you have been injured or in an accident. I hope I am never in a situation again to need their services, but I know who to go to if I, or any of my family members are ever injured. Thanks Grungo and Colarulo and staff for your compassionate service!
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Thank you to Grungo Colarulo for representing me and getting the settlement you did to help me move forward. I would highly recommend Grungo Colarulo to anyone who wants outstanding legal representation.Testimonial from Pat G. -
This team has been nothing but gentle an generous. Being as this was my first time dealing with a worker’s compensation case I was lost and nervous. But the Grungo Colarulo team has made me feel as comfortable as possible. My needs were addressed with care in a timely fashion. I knew what was going on every step of the way.
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A dear family friend referred us to a young attorney named Rich Grungo, Jr. We wanted answers and if necessary, justice for our father. From day one of a five-year journey, Mr. Rich Grungo, Jr. made our family and our pain his own. The man never stopped working for us. He kept us informed every step of the way. Questions were answered quickly and with great compassion and expertise. Even though Rich was always busy, he was never too busy for us. We always felt like we were his only clients
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I had the opportunity to observe Mr. Grungo work in this case, both in the courtroom on the technical matters of the motions and also as his presentation to the jury in opening and presenting witnesses as well as utilizing animations… and drawings and films that were necessary for a proper understanding of the case…At all times during the presentation, Mr. Grungo operated mostly without notes and questioned the witnesses in a conversational manner which made it most effective. **
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Hi Rich, Well I’m on my way up to college to finish packing my son’s stuff up and to go to his Graduation tomorrow. It’s hard to believe how fast and how slow, at the same time 5 years can go by. I was just thinking of you as I am getting ready to leave and wanted to thank you once again for everything you have done for my son’s future. You are a good and just man. God Bless to you and your family.
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