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Nursing Home Abuse Settlements (How Much Is Your Case Worth?)
All elderly residents harmed through nursing home neglect or abuse can file a civil lawsuit seeking financial compensation from the nursing home, assisted living facility, or rehabilitation center.
At Nursing Home Law Center, LLC, our personal injury lawyers are legal advocates for nursing home abuse and neglect victims.
Call our nursing home lawyers today at (800) 926-7565 (toll-free phone number) or use the contact form to schedule a free legal case review. We accept every injury claim and wrongful death lawsuit through contingency fee agreements to ensure our clients receive maximum compensation for their damages.Filing a Nursing Home Abuse Lawsuit
Any injured nursing home abuse victims or their family members can file a lawsuit based on nursing home abuse or neglect. These cases are filed against the negligent party (defendant) that usually includes the nursing home, doctors, nurses, staff members, and administrators.
In nursing home abuse settlements, both parties will participate in a negotiated meeting to determine how much the plaintiff will receive for the amount of harm that was done. Plaintiffs and defendants choose to agree to nursing-home abuse settlements to avoid taking the case to trial.
At that point, the nursing home lawsuit is dropped, and the case is dismissed.
Typically, the nursing home abuse settlement will provide sufficient financial compensation to cover:
- Hospitalization costs
- Medical expenses
- Lost wages and future lost earnings
- Mental anguish and emotional distress
- Punitive damages when the negligence or abuse was egregious
- Out of pocket expenses
Staying in the legal battle could result in a loss of money or time, but if you feel that your case has merit and are willing to take it further than just settling out-of-court, then, by all means, do so. Going to court without knowing how much money they will receive is up to each claimant.
Settlements can bring a sense of justice to victims and families. Nursing home settlements help people who have been mistreated by providing them with money for the pain, suffering, and losses they incurred due to the negligence or wrongdoing committed against them.
Contact our nursing home lawyers to learn more about how this could be possible through an in-depth free legal case review!The Benefit of Accepting a Nursing Home Abuse Settlement Offer
Settling a nursing home abuse case can be beneficial to the victim and their family. However, the process of going through litigation with an elderly parent who has been abused is difficult for both parties, as it requires them to relive the traumatic event repeatedly.
In addition, older adults whose cognitive abilities have declined from dementia are often unable to provide clear testimony that will help prove their claims in court. A nursing home settlement agreement may allow families closure by providing compensation without forcing loved ones into potentially painful legal proceedings.
The benefits of settling an abuse case include making your own decision, maintaining privacy about the nursing home settlement details, reducing the stress that trials may cause you with their long duration and costs involved.
You also save on legal fees by getting compensated sooner through this route rather than taking the case to trial to resolve matters. Discuss your nursing home settlement amount with an elder abuse attorney during a free case review.I Am an Old Nursing Home Resident. How Much is My Case Worth?
According to a recent study conducted by Journal Health Affairs, nursing home settlements have averaged around $406,000 in total compensation per case across all cases that go through court proceedings and rulings.
Jurors can award the plaintiff more or less than this amount, depending on the circumstances surrounding each situation.
However, there is no exact dollar figure for how much people who win lawsuits against long-term care facilities and nursing homes are awarded.
According to a recent report published by The United States Department of Justice Office For Victims of Crime, not releasing settlement information is part of their settlement agreement.Examples of Nursing Home Settlements
Suing is a method by which you reclaim your rights when they are violated through legal means. For example, nursing home settlements often involve cases where staff members failed to ensure that the resident received proper care, resulting in their injury or death.
In these cases, no one was held accountable until the lawsuit was initiated against all negligent parties and their insurance companies, seeking financial reimbursement toward damages suffered due to negligence.
Some of these cases involve wrongful death injuries caused during daily living activities like falls that resulted from unsafe steps without handrails, lack of supervision, or oversedation.
You can sue for nursing home neglect or abuse to recover money after an injustice has taken place. Read the examples below on how others have resolved their nursing home abuse cases successfully!
The plaintiff sued a nursing home for negligence in one case after his 85-year-old father's tracheotomy was performed incorrectly, leaving the patient with severe respiratory damage.
Because the staff failed to treat his condition following established medical treatment properly, his son had to take care of the elderly nursing home resident at home until he died three months later. The plaintiff accepted a wrongful death settlement.
Another case involves a man who sued an assisted living facility responsible for caring for his mother after falling and breaking her hip. Even with professional medical advice and care, the hip never properly healed because they did not properly treat her condition, leading to substandard care consisting of repeated falls and stage IV pressure ulcer.
In a horrific case, a 96-year-old nursing home resident was the victim of attempted suffocation by two staff members. Her family rescued her, but the two nurses responsible were never prosecuted due to lack of evidence. The family then filed a civil lawsuit for damages against the nursing facility instead.The Bad Outweighs the Good when Nursing Home Abuse is Involved
Although nursing home residents win most of their court cases involving elder abuse, this does not mean that every case is black and white with no room for compromise.
Some nursing home abuse cases are not strong enough to win due to lack of evidence and may be settled out of court. Hence, as a result, allowing the defendant company and insurer to pay some compensation and avoid going public with their wrongdoings could be an attempt to save face.
There's no question that nursing home negligence victims deserve justice after being violated in such a way after losing the trust of those responsible for their care. However, getting to that point can turn into an uphill battle with many difficulties along the way.The Negotiation Process
Settling out of court means you start negotiations with the defendant (the person or people who may be held accountable for elder abuse) instead of filing charges and taking the case to court. It is a much less public and stressful way of resolving your lawsuit because it's not like you're on trial facing years in jail or millions in fines.
Like settlement negotiations during a divorce, you don't get everything you ask for but instead negotiate terms that come closer to an agreement. The same concept applies when settling your nursing home abuse case.
Injured nursing home residents need to be aware that the defendant's insurer negotiates on their behalf. Therefore, the injured nursing home resident will likely deal directly with their insurance company and not the person who caused their serious injuries.
Working with insurers during nursing home litigation sometimes delays resolving lawsuit settlements to hold the facility, employee, or others legally accountable for the elderly residents' serious injuries.The Nursing Home Negligence Settlement Negotiation Process
For example, you are trying to negotiate nursing home abuse settlements after another resident physically assaulted your family member at the facility. The insurance company argues that they are not responsible for this type of incident.
Still, you disagree because you feel the nursing home did not take appropriate steps to ensure your loved one's safety.
You may be thinking that the insurance company owes your family members compensation for their physical and mental suffering. However, without evidence of neglect on their part, the insurance company for the nursing home will continue to disagree because it's not in their best interests to compensate you.
At this point, the nursing home settlement meeting has typically been put on hold. At the same time, the plaintiff (the injured party) and the defendant (the insurance company) submit their offers and counteroffers to a neutral third-party mediator.
At this stage of nursing home litigation, the mediator tries to steer both parties towards an agreement. If mediation fails, then your case will go on as planned through litigation, where you can either settle or win in court.
If it comes down to taking the case to court, be aware that the defense wins most nursing home abuse cases at trial because they have better access to resources to put on a lengthy trial.
On average, the plaintiff only has about a 20% chance of winning in court because their evidence is not strong enough to win against an experienced legal team.
Even if you win in court, it doesn't necessarily mean that you receive fair damages.
We believe you deserve compensation if you or someone you care about has suffered under the hands of negligent nurses, doctors, therapists, or staff members! Compensatory damages for medical bills, pain & suffering, and financial support may be available to your family based on the financial value of the average settlement amount.Contributing Factors that Affect Nursing Home Settlement Amounts
The factors that determine how much money a victim or their family may receive include: the nature of injuries, present and future needs for medical care, lost wages from time off work during recovery (if any), and loss of financial support due to death or disability.
- Jurisdiction: The court will decide if it has jurisdiction over your case based on the state, county, or metropolitan area.
- Case Type: There are two main case types in nursing home abuse settlements: personal injury and wrongful death lawsuits. In a personal injury lawsuit, the caregiver or nursing homeowner is liable for negligence, abuse, or similar actions. In a nursing home wrongful death settlement, the actions of the owner or staff members caused an older person to lose their life due to neglectful care from those entrusted with looking after them.
- Similar Settlement Amounts: The court system and jurors will look for precedents of another nursing home settlement amounts similar to your case. However, the amount awarded after the trial, should the plaintiff win, is based solely on the jury's decision.
It can be intimidating to file a lawsuit and seek nursing home abuse settlements. Luckily, the process is more straightforward when you have help from an experienced lawyer.
Settling before or during trial saves time — something older victims of nursing home neglect may not have if they don't settle their case quickly enough after filing it.
Nursing home cases typically follow these five steps:
- Mediation/settlement negotiations
- The discovery phase where both parties ask for evidence from each other that could prove one side's argument wrong
- Pretrial hearings & motions made by both sides before going into court, and then finally
- Entering the courtroom to present evidence
Your lawyers will file a lawsuit against those who may be responsible after the initial case evaluation. The defendants must then respond to this legal challenge through their defense team, which could take months or even years depending on how complex your issues are.The Discovery Process (Pretrial Investigation)
Both parties will begin collecting evidence to support their version of the story.
The evidence collected could include:
- Medical records
- Laboratory results and x-rays
- Witness testimonies
The plaintiff's lawyer may begin settlement negotiations informally or issue an official demand letter for the defense to make a counteroffer. If they do not, bargaining begins.The Mediation Process
If the lawyers can't negotiate a settlement, then they have to go into mediation. A mediator is brought in by either of them or just one party that wants it, and this person meets with each side separately to try to bring about an agreement.Accepting or Rejecting the Settlement Offer
If the plaintiff accepts a settlement offer offered by the defendant, then the case is settled. The lawyers can accept this in four ways: via email, phone call, fax machine, or letter; they don't need to use all means and could even combine them if desired.Get the Compensation You Deserve for Your Nursing Home Abuse Case
As a victim of nursing home negligence, you are afforded legal opportunity to receive financial compensation through a filed civil lawsuit. The amount should be based on the extent of suffering, the severity of injuries, and the cost of damages.
The surest way to receive compensation is to hire an experienced personal injury attorney specializing in nursing home abuse cases. Your newly hired law firm will likely:
- Review your medical records and the evidence before filing a claim on your behalf
- Communicate with you well moving your case through the legal process, allowing you time to heal from your injuries
- Send a demand letter to the defendant or defendants asking to resolve the case without going to court
- Work with the defendant's attorneys to set a date and time to negotiate a settlement
- File the necessary documents and motions with the court if the defense team fails to make a good faith offer to resolve the case when necessary
- Use their expert skills when negotiating maximum compensation on your behalf
- When required, to start the discovery phase to build a case for trial
- Provide legal representation in front of a judge and jury, presenting evidence while speaking with the defense team to negotiate the best outcome and avoid an unpredictable jury verdict
Reputable injury attorneys are knowledgeable about all aspects of your case, including the intricate details involved. They will ensure that you are protected legally by providing counsel throughout the lawsuit.
An experienced attorney will not be limited to representing you in civil court but may also refer you to medical experts who can attest to your claim or provide additional resources that may help your case along the way.
They know any state laws that would influence your case's outcome, such as statutes of limitations and wrongful death laws.
A reputable negligence and injury attorney also understands how insurance companies work and can negotiate with them to increase the value of your claim.
Our legal team understands many families have unanswered questions concerning negotiating the best nursing abuse settlement offer for maximum compensation. An injury attorney has answered some of those questions below.
Call our law office at (800) 926-7565 (toll-free phone number) or use the contact form for additional information.
According to data, it takes a few months or longer to reach a negotiated settlement to have the case dismissed after receiving financial compensation for damages.
Approximately 95% of negligence and injury lawsuits are resolved out-of-court, many occurring in the days or hours before a trial begins or ends.
The unique circumstances, evidence, and outcome of every wrongful death are unique. However, experienced lawyers specializing in wrongful death settlements will assess various components of the case, including the egregious negligence that led to their death, their monetary losses, and how the death impacts those left behind.
For example, an 84-year-old patient who died through negligent means, having experienced malnutrition due to the facility's failure to provide their nursing home residents with adequate nutrition, would surely influence the amount they could receive than a younger resident.
A statute of limitations is essentially a time limit for filing a legal claim. If it expires, the individual loses their right to file that claim or lawsuit.
In all states, wrongful death claims have a limited window to file a case with the court system. In most cases, this period ranges between one and three years from the day of death.
If your nursing home abuse claim is time-barred, the defendant's insurance company will argue that you waited too long, your legal options have expired, the entire process is over, and it is now too late to file a civil suit against them.
In most cases, all personal injury lawsuits have merit merely by being filed. After reviewing all aspects of your case, the defense team representing the defendant will determine if your nursing home abuse claim has merit.
However, by hiring a reputable personal injury attorney to advocate for you, they will determine the value and worth of your case and whether it has merit, even if the defense lawyers and insurance company disagree.
The best way to reach a settlement involving nursing home abuse is through continued and open dialogue between you and the defense, working with your personal injury attorney. Many plaintiffs' attorneys will:
- Give an initial assessment of your nursing home abuse case to advise you whether or not there may be a liability for damages.
- Advise you on the value of your nursing home wrongful death case in comparison to similar cases.
- Advise you of the realistic expectations for your abuse case in front of a judge and jury accepting nursing home settlements from one or multiple defendants.
- In negotiations with the defense, provide legal representation, speak on your behalf while presenting evidence to reach an agreed-upon settlement.
Yes, your nursing home abuse case may go to trial. If it does, there are several possibilities:
- Jury Trial: The clients and their attorneys tell the story of what happened, and the judge makes the final decision on liability and damages. The judge could lower the jury verdict ($1-million verdict or more).
- Bench Trial: The judge hears one side (the plaintiff's) or both sides (plaintiff and defense) of the case, then decides on liability and damages.
- Settlement before Trial: All cases can be resolved anytime, like during meetings involving nursing home settlements, through mediation, early neutral evaluation, settlement conference, or simply by negotiation between both sides.
The Nursing Home Law Center LLC-affiliated attorneys have a long track record of success in dealing with nursing homes that have attempted to maximize profits by cutting staff and other corners.
When this results in an injury or unexpected death to your family member, we can help you take legal action that entitles you and your family to financial compensation.
Call our affiliated attorneys today for a free consultation at (800) 726-9565 for immediate legal help. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Our legal team accepts all personal injury cases and wrongful death lawsuits using contingency fee agreements. This promise ensures you do not pay the legal fee until we resolve your case through a negotiated settlement or jury award.Resources: