If you have an elderly parent, spouse, or other loved one living in a nursing home, you expect them to be safe. You rely on that facility to provide your loved one with quality care in a safe environment. When that facility fails in their legal duty, causing your loved one to suffer harm; you deserve answers. You also deserve compensation for the damages your loved one suffered.
At PKSD, we represent injured victims and their families seeking justice after nursing home injuries in Albuquerque. We have seen firsthand the financial and emotional toll these situations create for the victims’ families. Our team is deeply committed to seeking justice for you and your loved one, and we know what it takes to build strong claims that reflect the true cost of nursing home negligence or abuse.
This legal guide explains the types of compensation you can seek in a nursing home injury case. We discuss medical costs you can be compensated for, along with other damages you can recover for, such as pain and suffering. We also cover how New Mexico laws affect your case and what evidence helps prove your losses. When you know your legal rights, it can help you to make informed decisions, understand how to protect your family member, and hold negligent facilities accountable.
What Compensation Can I Recover After a Nursing Home Injury in New Mexico?
New Mexico law allows you to recover several types of compensation after a nursing home injury. The exact amount of compensation and type of damages you can claim depends on various factors. The court will examine how the injury affected your loved one’s physical and emotional health, safety, and overall quality of life.
Here are the main types of compensation available in nursing home injury cases:
- Medical Expenses: This covers all treatment costs related to the injury, including emergency care, hospital stays, medications, and doctor visits.
- Pain and Suffering: Compensation for your loved one’s physical pain and emotional distress caused by the abuse or neglect.
- Lost Quality of Life: This compensation is for the extent the injury reduced your family member’s ability to enjoy daily activities and personal independence.
- Out-of-Pocket Costs: Compensation for expenses people often forget about — like transportation to medical appointments, assistive devices, or home modifications needed because of the injury.
- Wrongful Death Damages: Families can recover funeral costs, loss of companionship, and other losses if the nursing home injury resulted in death.
- Punitive Damages: Courts may award these in cases involving intentional harm or extreme neglect to punish the facility and prevent future abuse.
Can I Include Medical Treatment, Rehabilitation, and Long-Term Care Costs in a Nursing Home Lawsuit?
Yes, you can recover all medical costs for injuries that are the direct result of nursing home negligence or abuse. This includes immediate emergency treatment, ongoing rehabilitation, and any long-term care your loved one needs because of the facility’s negligence.
New Mexico law recognizes that nursing homes must pay for the full scope of medical harm they cause. These costs often continue for months or years after the initial injury.
What If a Nursing Home Injury Causes Emotional or Psychological Harm?
Emotional and psychological harm is real and recognized by New Mexico law. Your loved one can pursue compensation for depression, anxiety, fear, and trauma caused by abuse or neglect. Mental suffering can be life-altering, causing victims as much pain as any physical injuries.
Can Families Recover Losses From Nursing Home Financial Exploitation?
Yes, you can sue for money stolen from your loved one or for any funds misused through financial exploitation at a nursing home in your existing claim.
In a nursing home, financial exploitation can include:
- Unauthorized Account Access: Occurs when staff or others access the resident’s bank accounts, credit cards, or financial information without permission and steal funds.
- Forged Signatures: Someone forges the resident’s signature on checks, legal documents, or financial agreements to transfer money or property.
- Coerced Changes to Wills or Trusts: Caregivers pressure or manipulate residents into changing estate documents to benefit the abuser instead of family members.
- Theft of Personal Property: Staff members steal jewelry, cash, electronics, or other valuables from the resident’s room.
- Fraudulent Power of Attorney: Someone obtains power of attorney through deception and uses it to control the resident’s finances for personal benefit.
- Billing Fraud: The facility charges for services they never provided or bills residents multiple times for the same care.
What Legal Options Exist in New Mexico if a Nursing Home Injury Results in Death?
When nursing home negligence causes a resident’s death, state law permits certain members of the deceased resident’s family to file a wrongful death lawsuit.
Who Can File a Wrongful Death Claim
New Mexico law limits who can bring a wrongful death lawsuit. A personal representative of the deceased resident’s estate typically files the claim on behalf of eligible family members. Eligible family members may include spouses, children, parents, or other close relatives who suffered losses from the death.
Damages Available in Wrongful Death Cases
Families can recover compensation for funeral and burial expenses. You can also seek damages for loss of companionship, emotional pain, and the financial support your loved one would have provided. New Mexico allows families to seek compensation for the pain and suffering your family member experienced before death.
Time Limits for Filing
Deadlines for filing wrongful death claims apply in New Mexico law. The courts strictly adhere to these deadlines, so if you think you may have a claim, don’t put off seeking legal help. If you wait and miss your filing deadline, you lose your right to seek compensation on behalf of your loved one.
How Does the Law Calculate the Value of a Nursing Home Injury Claim?
New Mexico law considers multiple factors when determining the value of a nursing home injury claim. No two cases are worth the same amount because injuries affect residents differently. The calculation looks at the economic losses, which have clear dollar amounts, and non-economic damages that address the victim’s pain and suffering.
Severity of the Injury
Courts examine how serious the injury is and whether it caused permanent damage. This includes looking at medical records and doctors’ statements. Medical experts may also be brought in to provide more clarity about the harm your loved one suffered. Severe injuries that require extensive treatment typically result in higher compensation.
Impact on Daily Life
The value of a claim increases when injuries prevent your loved one from performing basic activities or enjoying life as they did before the abuse occurred.
Available Evidence
Strong documentation that supports the claim of abuse, medical records, and witness statements directly affect claim value. Clear proof of negligence leads to stronger compensation demands.
Defendant’s Conduct
Cases involving intentional abuse or repeated neglect patterns — such as facilities that ignored repeated problems — often result in higher awards.
Insurance Policy Limits
The nursing home’s insurance coverage limits can affect the maximum amount available for settlement or judgment in your case.
Evidence You Need to Prove Compensation in a Nursing Home Injury Case
To prove your case, you need strong evidence to succeed in a nursing home injury claim. Under the law, you — or your attorney — must prove the facility’s negligence caused your loved one’s injuries and show the full extent of damages suffered.
Gathering and preserving this evidence quickly protects your ability to recover fair compensation:
- Medical Records: Documentation of all injuries, treatments, diagnoses, as well as the treating doctor’s notes further connecting the harm to nursing home care.
- Photographs and Videos: Visual proof of injuries, unsafe conditions, poor hygiene, or neglect captured on camera or facility surveillance footage.
- Facility Records: Incident reports, staffing logs, medication records, and care plans that show what the nursing home knew and failed to prevent.
- Witness Statements: Testimony from staff members, other residents, family visitors, or anyone who observed the abuse or neglect firsthand.
- Financial Documents: Bank statements, bills, receipts, and invoices that prove economic losses and out-of-pocket expenses caused by the injury.
- Expert Opinions: Professional assessments from doctors, nurses, or nursing home administrators who can explain how the facility violated care standards.
- Communication Records: Emails, text messages, complaint letters, or phone logs showing you reported concerns to the facility before the injury worsened.
What Families Should Know Before Filing a Nursing Home Injury Lawsuit in New Mexico
New Mexico has specific laws that affect nursing home injury cases and your ability to recover compensation. Understanding these legal requirements helps you avoid mistakes that could hurt your claim. Knowing what to expect before you file protects your rights and strengthens your case.
Statute of Limitations
New Mexico gives you three years from the date of injury to file a nursing home negligence lawsuit. Missing this deadline means you lose your right to compensation forever. The clock starts when the injury occurred or when you reasonably should have discovered it.
Damage Caps and Limits
New Mexico places caps on certain types of damages if your nursing home injury is the result of medical malpractice cases. These limits may affect how much compensation you can recover depending on the nature of your claim and the defendant involved.
Notice Requirements
Some nursing home injury cases require you to provide formal notice to the facility before filing a lawsuit. Meeting these procedural requirements protects your ability to move forward with your claim.
Insurance Company Tactics
Nursing homes and their insurers often try to minimize payouts through low settlement offers or claim denials. We understand their strategies and can help you avoid accepting less than your case is worth.
Frequently Asked Questions People Ask About Nursing Home Injury Lawsuits
What types of compensation can you get from a nursing home injury lawsuit?
You can recover medical expenses, pain and suffering, emotional distress, and lost quality of life. Cases may also include compensation for rehabilitation costs, long-term care needs, and out-of-pocket expenses. Wrongful death claims include funeral costs and loss of companionship.
How much is a nursing home injury case worth in New Mexico?
The value of a case depends on many factors, including the severity of the injury, medical costs, and how the harm affected your loved one. Each case is different. Factors like permanent disability, ongoing care needs, and the facility’s conduct all influence the final compensation amount.
Who can file a nursing home injury lawsuit on behalf of a resident?
An injured resident can file if they have the mental capacity to do so. Otherwise, family members, legal guardians, or the estate’s personal representative can file on their behalf. Wrongful death claims are filed by the personal representative for eligible family members.
How long do you have to file a nursing home injury claim in New Mexico?
You have three years from the date of the injury to file a lawsuit in New Mexico. Missing this deadline means losing your right to compensation.
Do you need proof of abuse or neglect to recover compensation?
Yes, you must prove the nursing home caused your loved one’s injuries through negligence or abuse. Evidence includes medical records, photographs, witness statements, and facility documents. Strong proof connects the harm directly to substandard care.
Why Call PKSD for Legal Help After a Nursing Home Injury in Albuquerque
Do you have a loved one in a nursing home who has been injured by neglect or abuse at the very facility that should have protected them?
At PKSD, we have seen firsthand the emotional toll this experience has on the victims and their families. Our highly qualified and experienced nursing home injury lawyers are here to guide you through every step of the legal process.
Not sure if you have a case? When you contact PKSD in Albuquerque, we will listen to your concerns, answer your questions, and explain your legal options.
Worried about cost? There are no upfront attorney fees or out-of-pocket costs to pay. We take on the financial risk up front to level the legal playing field. We only get paid if we win your case.
