When you place a loved one in a nursing home, you are placing your trust in the facility to provide a safe, respectful, and healthy environment. When that trust is broken through abuse or neglect, the physical, emotional, and financial toll on your family can be devastating. At Potts & Potts, we understand that no amount of money can truly undo the pain caused by the mistreatment of a vulnerable family member. However, pursuing a legal claim is a powerful way to hold facilities accountable, ensure your loved one receives the care they deserve, and secure the resources necessary for their recovery.
If you are currently navigating this difficult situation, it is important to understand the types of compensation—or “damages”—that may be recoverable under Hawaiʻi law. Recognizing the signs of mistreatment and understanding your legal options is the first step toward justice. At Potts & Potts, we help families identify these harms and build strong cases against facilities that prioritize profit over patient safety.
Types of Recoverable Damages
In a civil lawsuit involving nursing home abuse or neglect, damages are generally categorized into economic and non-economic losses. In specific cases involving egregious misconduct, a court may also award punitive damages.
Economic Damages
Economic damages are designed to compensate for objective, out-of-pocket financial losses resulting from the abuse. These are typically calculated based on documented expenses. Common examples include:
- Medical Expenses: Costs for hospital stays, emergency room visits, prescription medications, physical therapy, and ongoing medical treatment required to address injuries caused by the abuse.
- Relocation Costs: Expenses associated with moving a resident to a safer facility, including administrative fees and the cost of specialized care.
- Financial Exploitation Losses: If a facility or staff member engaged in theft, fraud, or coercion, you may be entitled to recover stolen funds or assets.
Non-Economic Damages
Nursing home abuse often results in profound suffering that does not come with a simple invoice. Non-economic damages address these subjective losses, which include:
- Pain and Suffering: Compensation for the physical agony resulting from neglect, such as untreated bedsores, fractures from falls, or physical assault.
- Emotional Distress: Damages for the psychological trauma, fear, humiliation, or mental anguish a resident may experience.
- Loss of Enjoyment of Life: Acknowledgment of the diminished quality of life caused by the abuse, which may strip a resident of their ability to participate in the activities or social interactions they once enjoyed.
Important Legal Context: Under Hawaiʻi’s modified comparative negligence rules, it is critical to understand that if a resident is found to be more than 50% at fault for an incident, they may be barred from recovery. This is why a thorough investigation by an experienced legal team is vital to establishing the facts and the facility’s clear liability.
Punitive Damages
In rare instances where a facility’s conduct is particularly malicious, reckless, or constitutes “gross negligence,” a court may award punitive damages. Unlike other forms of compensation, these are not meant to cover a specific loss but are intended to punish the facility and deter future misconduct.
Essential Deadlines and Reporting
Time is a critical factor in any potential legal action. Hawaiʻi law enforces a two-year statute of limitations for personal injury claims. This means you generally have two years from the date of the incident—or in some cases, the date the injury was discovered—to file a lawsuit. If this deadline passes, you may lose the right to pursue a claim entirely.
For official guidance on long-term care standards and resident rights in our state, families can refer to the Hawaiʻi State Department of Health’s Office of Health Care Assurance, which oversees the licensing and certification of medical facilities across the islands.
Why Direct Legal Advocacy Matters
Navigating a nursing home abuse claim requires more than just legal knowledge; it requires a deep commitment to the individual resident. At Potts & Potts, we have served injury victims throughout Hawaiʻi for over 50 years. We believe that when your family is facing such a serious breach of trust, you deserve a lawyer who will be personally involved in every aspect of your case.
Dennis Potts has lived in Hawaiʻi for over 50 years and personally handles every client’s case from start to finish. Our firm has maintained a 100% success rate since 2007, securing millions in recoveries for our clients. We work on a contingency basis, meaning if we do not produce a recovery, there are no fees. Whether you are a local resident or a family member who has had to return to the mainland, we are equipped to advocate for you. If you or your loved one has been harmed and want to reach out to a Honolulu nursing home abuse lawyer today, we are ready to listen and help you chart the path forward.
This article is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. For advice specific to your situation, please consult a licensed attorney in Hawaiʻi.