What Are Nursing Home Abuse Settlements?
A nursing home abuse settlement is an agreement reached by the person who filed the nursing home abuse lawsuit (known as the plaintiff) and the party accused of abuse (the defendant) to resolve the lawsuit without going to court. Typically, the defendant agrees to pay the plaintiff a certain amount of money; in response, the plaintiff withdraws the lawsuit.
Around 90% of the time, nursing home abuse cases are resolved via settlement before the trial stage. These settlements result from negotiations between lawyers for the plaintiff and lawyers for the defendant.
Many families prefer a settlement over going to court because it’s often faster and less risky than a trial. Settlements may also protect the victim’s privacy (as opposed to a lengthy court battle).
In addition to discouraging future abuse and offering justice to victims, the money from a nursing home abuse settlement can help cover medical bills and the cost of moving your family to a new nursing home.
Who Qualifies for Nursing Home Abuse Settlements?
The laws determining who qualifies for nursing home abuse settlements vary by state. Lawsuit eligibility may depend on the severity of the injury, whether harm was caused intentionally, and other factors.
People who may qualify for nursing home abuse settlements include:
- The nursing home resident/abuse victim
- The victim’s spouse
- Their children or other family members
- Their estate representatives
Victims may be unable to take legal action on their own if incapacitated or have a cognitive impairment, such as Alzheimer’s disease or another form of dementia. Their spouses, children, or those with authority over the victim’s estate or power of attorney (such as their lawyer) can try to reach a settlement in these cases.
Additionally, family, loved ones, and estate managers may be able to pursue a wrongful death settlement if a victim of nursing home abuse died from the harm they suffered.
If you’re unsure if you qualify for a nursing home abuse settlement, you should get a free case evaluation from an experienced nursing home abuse attorney.
What Determines Nursing Home Abuse Settlement Amounts?
The factors involved in determining nursing home abuse settlement amounts generally stem from whether the harm was preventable and intentional.
Other factors that affect nursing home abuse settlement amounts are:
- Insurance policies of the defendants
- Medical expenses arising from the harm
- Severity of injuries
- Strength of evidence
Nursing Home Abuse Injuries & Settlement Amounts
Nursing home abuse injuries may include one or more of the following:
- Broken bones
- Head or brain injury
- Pressure sores/pressure ulcers
The more severe the injuries are, the more compensation a plaintiff may be able to recover.
Nursing Home Abuse Compensation
Nursing home abuse compensation is intended to repay victims for their injuries and needless suffering and to help them cover any related expenses (such as medical bills or the cost of moving their loved one to a new care facility).
Factors that affect compensation amounts include:
- Economic damages, such as medical expenses
- Emotional distress
- Pain and suffering
- Physical injuries
In addition to awarding compensatory damages for the harm suffered, some jurisdictions allow punitive damages. These are meant to punish the wrongdoer so they don’t abuse (or allow the abuse of) older adults again in the future.
Nursing Home Abuse Evidence
To ensure you receive maximum nursing home abuse compensation, gathering as much evidence as possible is important.
Evidence that may increase compensation amounts includes:
- Correspondence with nursing home staff
- Medical bills
- Medical records
- Photos of injures
- Timeline of events
- Witness statements
A skilled nursing home abuse lawyer will collect the evidence needed to build the strongest case possible for you.
What’s the Average Nursing Home Abuse Settlement?
While there are no guarantees regarding nursing home abuse cases or other types of personal injury lawsuits, the average nursing home abuse settlement is around $400,000. Wrongful death cases, in which nursing home abuse leads to a victim’s death, are often valued at over $1 million.
Every case is different, though, with unique factors that affect nursing home abuse settlement amounts. You should never assume that you will receive a certain sum of money.
That said, some nursing home abuse settlements and verdicts won by attorneys in our network include:
- $2.0 million for a woman whose blocked catheter caused sepsis
- $1.7 million for the family of a man who burned to death due to neglect
- $1.35 million for severe neglect that caused death
Connect with a nursing home law firm to learn how much your potential lawsuit could be worth. Your case could be valued more or less than the ones listed above.
How Long Does It Take to Settle a Nursing Home Abuse Lawsuit?
Because every nursing home lawsuit is different, the time it takes to resolve will vary. Some cases are settled in months, while others may take longer. Generally speaking, nursing home abuse settlements are quicker than going to trial – which is why most cases are settled before going to court.
Nursing home abuse cases usually involve the following steps:
- Filing a lawsuit
- Gathering evidence
- Proposing a settlement amount
- Negotiating with the opposing attorneys
- Reaching a settlement agreement
An experienced nursing home abuse lawyer will do everything possible to resolve a case as quickly (and favorably) as possible, whether through a settlement or a verdict.
What Are Nursing Home Abuse Case Verdicts?
Nursing home abuse case verdicts occur when a settlement agreement cannot be reached to resolve a nursing home abuse lawsuit. In these instances, lawyers for each side go to trial to present their case in front of a judge and jury.
While nursing home abuse verdicts sometimes yield more money than settlements, taking your case to court can be lengthier and riskier than settling it out of court. There is no guarantee that you will get any money if the judge or jury doesn’t rule in your favor.
Working with an experienced nursing home abuse lawyer is the best way to develop a legal strategy that will result in the compensation you need and deserve.
How Much is a Bedsore Case Worth?
Bedsores are often a red flag for nursing home negligence. Thankfully, a skilled attorney can secure compensation for bedsores through legal settlements. For example, $1.2 million was awarded to a nursing home resident who suffered from bedsores and kidney damage.
Bedsores often indicate nursing home neglect because they are almost always preventable. When bedsores appear, it’s often because caregivers are not properly caring for residents.
Bedsores may be caused by:
- Failure to catch warning signs of bedsores before they worsen
- Malnutrition or dehydration
- Not being turned or repositioned regularly
Sadly, as untreated bedsores get worse, they become more prone to infection, potentially turning into sepsis and even causing death. Thus, taking action and getting compensation for bedsores through either a nursing home settlement or a trial verdict is important.
How Can I Recover a Nursing Home Abuse Settlement?
You may be able to secure a nursing home abuse settlement if you or your loved one were abused or neglected by a negligent nursing home. The care facility could be liable if they didn’t hire qualified employees, provide adequate staffing, properly supervise employees, or otherwise failed to safely maintain the facility.
Working with an experienced nursing home abuse law firm is the best way to increase your chances of a favorable settlement. For this reason, choosing a lawyer is one of the most important decisions you will make when pursuing nursing home abuse compensation.
LawFirm.com can connect you with a top nursing home abuse law firm from our nationwide network. Our experienced attorneys have successfully handled many similar cases, and they never charge upfront or out-of-pocket fees. They only get paid if your case results in compensation.
Don’t wait – reach out today for a free, no-obligation legal consultation.