Nursing home abuse settlements are legal agreements between those bringing forth a lawsuit (plaintiffs) and those being sued (defendants). These involve negotiating financial compensation for victims and their families to pay for economic and non-economic damages.
If parties cannot reach a settlement agreement, the nursing home lawsuit may go to trial in civil court, where a judge or jury decides the verdict to resolve the legal action.
Nursing home abuse lawsuits seek justice for victims of physical, emotional, and sexual abuse and neglect in nursing facilities. Plaintiffs can bring these cases against nursing home employees, residents, and administrators.
Did you or a loved one suffer nursing home abuse or neglect? If so, the personal injury attorneys at Nursing Home Law Center, LLC, can help you file a claim or lawsuit against all responsible parties.
Call our nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) for a free legal case review.
Nursing home mistreatment or abuse is any intentional or unintentional act that causes pain, injury, or harm to a resident. It includes:
Elder abuse is any act that causes harm to anyone aged 65 and beyond. Many states have specific laws regarding the abuse of senior citizens.
Many nursing home abuse cases involve serious injuries or health conditions, such as:
A nursing home abuse settlement occurs after a plaintiff files a lawsuit against the defendant. It is a legal agreement wherein the defendant agrees to pay the plaintiff for the injuries and other losses. After both parties settle, the case is dismissed.
Nursing home settlements award plaintiffs monetary compensation for:
The extent of these damages influences nursing home negligence settlements. Your lawyer will discuss the potential value of your case based on these factors during your free legal consultation.
Many nursing home injury cases end in settlements, helping victims and families avoid court stress. The injured party and family members can receive compensation for medical bills. punitive damages, and other damages.
The following are other reasons you should settle a personal injury lawsuit:
According to the Journal of Health Affairs, the average nursing home settlement in the US is $406,000. In addition to the extent of the victim's damages, nursing home settlement amounts depend on several factors, including:
The case's circumstances may affect how much you receive in compensation in lawsuit settlements. Generally, the more severe the abuse and resulting injuries are, the higher the compensation. For instance, a wrongful death settlement might be reached where the victim suffered non-life-threatening injuries.
Wrongful death settlements may resolve with millions of dollars. Victims may also receive millions in compensation if they suffer serious injuries that cause permanent disability or impairment.
Sometimes, the victim's age influences the nursing home settlement. For instance, monetary compensation for a disabled child may be higher than for an elderly woman who suffered the same abuse. Some juries consider the remaining lifespan of the victim affected or reduced by abuse or neglect.
Lawyers may refer to average nursing home abuse settlements for previous cases in your area to determine fair compensation.
Jurisdiction is the government's power or right to interpret and apply the law. Most nursing facility injury cases fall under local state laws. Penalties for abusing or neglecting nursing home residents vary from state to state and may affect the average settlement for that area.
The strength of a nursing home lawsuit may affect the defendant's actions. For instance, a defendant may make a low settlement offer if they believe the plaintiff has a poor chance of winning the case in court. Lawyers build strong claims with substantial evidence to ensure victims receive fair nursing home settlements.
To file a nursing home abuse lawsuit against liable parties, you must prove that the following are true:
A free legal case review with one of our attorneys will determine if you have grounds for seeking a nursing home settlement.
A victim may not be able to pursue a nursing home neglect settlement due to physical or mental limitations, or they may have passed away from their injuries or illnesses. In that case, the following can seek a nursing home negligence or wrongful death settlement on the victim's behalf:
Surviving victims can take legal action with the help of family members. The victim's testimony is often crucial in seeking nursing home lawsuit settlements.
Filing a nursing home lawsuit settlement is relatively simple with the help of a lawyer. Nursing home lawyers gather the case's details, file the lawsuit on your behalf, and negotiate with the defendant's party.
The length of a nursing home lawsuit settlement process depends on the defendant's willingness to cooperate and compromise.
The general process of nursing home lawsuit settlements is as follows:
You can file a caregiving abuse or wrongful death lawsuit on your own, but doing so may make it harder to recover fair compensation. The best way to handle nursing home litigation is to enlist the services of experienced elder abuse law firms.
Nursing home lawyers will gather the facts of your lawsuit, including:
To build your case, your lawyer will ask you for relevant documents, such as medical records, photos, and videos, before pursuing a nursing home neglect settlement.
Upon collecting the details of your nursing home abuse lawsuit, your lawyer will file a lawsuit on your behalf. Often, the suit is filed against the nursing home administrator, regardless of who is directly at fault.
Your attorney will send a demand letter to the defendant, explaining why and how much compensation you should receive. If the defendant's attorney accepts the terms of the demand letter, you can receive compensation immediately. However, this rarely happens. Defense attorneys usually respond with a counteroffer or a rejection.
The discovery phase consists of two parts: the written discovery, wherein parties exchange interrogatory questions, and the oral discovery, where parties undergo deposition. A deposition is an out-of-court testimony performed under oath.
Parties will also collect evidence to support their sides. Your lawyer will gather evidence to prove the nursing home failed to meet its obligations for care through:
Your lawyer will also collect documents to show the extent of your losses, such as:
These processes allow parties to build their arguments.
Your lawyer will negotiate with the defendant's party to reach a nursing home neglect settlement. The legal process can take between a few weeks and a few months. If the lawyers of both parties cannot settle on their own, mediation may occur.
Mediation is an informal and structured process involving a neutral third party (mediator) who assists two disputing parties. The mediator helps the parties reach a mutual agreement to resolve a nursing home lawsuit settlement.
The defendant will make a nursing facility injury settlement offer that you can accept or reject. If you take the offer after settlement negotiations, you will receive compensation according to the agreed amount. The decision is final, and you can no longer sue for additional damages.
If you reject the settlement offer, your nursing home lawsuit may go to trial, where a judge or jury decides the verdict. Nursing home litigation may take several months or years to conclude.
Furthermore, the jury verdict may be lower than you would have received in a nursing home lawsuit settlement. Your lawyer will discuss the legal process further during your free consultation.
Filing a nursing home lawsuit on your own is possible but often challenging. Personal injury laws are complex and may be difficult to understand for a layperson. Furthermore, caregiving homes and assisted living facilities usually hire defense attorneys that can shut down cases quickly.
Legal help is necessary to ensure victims receive fair nursing home lawsuit settlements. From collecting evidence to negotiating compensation, nursing home abuse attorneys handle the case every step of the way, taking the burden from victims.
Hence, having an experienced attorney will help maximize your nursing home settlement.
Nursing home lawsuit settlements vary from case to case. Nevertheless, having an experienced lawyer will help ensure you receive fair compensation.
Did you or a loved one suffer injuries caused by someone's negligence? If so, our personal injury lawyers at Nursing Home Law Center, LLC, can help you obtain justice from the negligent nursing home or assisted living facility. Our team defends the legal rights of victims of nursing home wrongful death, medical malpractice, neglect, and more.
Contact our lawyers at (800) 926-7565 or use the contact form for a free consultation.
We handle all accepted nursing home lawsuits on a contingency fee basis. It ensures you don't have to pay for our legal services unless we recover a nursing home lawsuit settlement for you.