Juries are often reluctant to side with plaintiffs in personal injury cases. Bombarded with stories of “frivolous” lawsuits and media reports blaming sue-happy malpractice victims for runaway medical costs, jurors will sometimes even view the defendant in a personal injury case as a victim because he or she is being sued.
Injuries resulting from simple negligence often involve no malice and great remorse on the part of the defendant. Additionally, the plaintiff may have some degree of fault for the accident that caused the injury.
Nursing home negligence cases are better-received by jurors. In many such cases, the plaintiff is perfectly innocent and has been very badly mistreated. Unlike in the case of the auto accident plaintiff who failed to signal or the slip-and-fall plaintiff who was wearing bad shoes, the jury will not be receptive to an argument that the financial necessity of inadequate staffing justified an elderly person being neglected. Juries also frown on arguments that only low damages should be awarded because the plaintiff doesn’t have long to live.
We all hope that in our later years, we will be treated with dignity and care, but too often, financial hardships thrust us into a living situation that is less than ideal. Jurors will sympathize if your Orange County negligence lawyer presents arguments along these lines. Everyone deserves a certain basic standard of care, and nursing home residents are among the most vulnerable members of society.
If you or your loved one have been injured due to nursing home neglect or abuse, financial compensation may be available. Please call (888) 848-5084 to schedule a free, no-obligation consultation with Orange County nursing home lawyer Samer Habbas.
