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“Are there limits on the compensation the victim of nursing home injury can recover?”

"Are there limits on the compensation the victim of nursing home injury can recover?" Asks Nancy of Palos Heights, Illinois with a pending claim against a Chicago nursing home involving her fathers wandering from a nursing home.

No.  There are no monetary limits on the damages available for victims of nursing home abuse and neglect.  You are entitled to whatever a judge or jury determines to be fair and reasonable compensation.  A jury may award damages for both past and future: medical expenses, pain and suffering, disability and loss of a normal life.  In the case of wrongful death, a jury may award damages for loss of society to the family of the deceased.

limits on the compensationHowever, there are important issues that impact the amount of compensation an injured person or the estate of deceased person may receive.  The first hurdle involves nursing homes with no liability insurance.  With a weak economy and some large verdicts rendered against them, some nursing homes have decided to go ‘naked’ with respect to liability coverage for claims and lawsuits brought against them.

The result of having no liability insurance (or in some cases limited insurance coverage) ultimately means that the injured party is limited in his recovery.  Unless a nursing home or assisted living facility is part of large corporation, it is difficult– if not impossible, to collect on a judgment involving an entity with no insurance coverage.  Put another way, a large judgment may be worthless if the nursing home is unable to satisfy it.  Many individual nursing home owners have established complex systems of ownership that limit the owners personal liability.

In cases of uninsured or under-insured nursing homes, settlements may still be arranged.  Most settlements with nursing homes having limited or liability insurance represent a compromised result–generally less than the full value of the claim. 

Most people never inquire about a nursing home’s insurance coverage until it is too late.  In addition to researching facilities track record with respect to complaints and lawsuits, it is also advisable that an inquiry be made with respect to the insurance coverage for a particular facility.  Why not learn as much as possible about the facility responsible for the care and safety of your loved one?

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  • Having worked in the medical field, I appreciated the way that Mr. Rosenfeld and his staff approached my family’s situation. The combination of medical knowledge and legal expertise was indeed the winning combination for our case.
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  • While nothing can change the way our mother was treated at a nursing facility, I do feel a sense of vindication that the facility was forced to pay for their treatment. I am certain that they would never have done had my attorneys not held their feet to the fire.
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  • I was very nervous about initiating a claim against my mother’s nursing facility, but Rosenfeld Injury Lawyers took care of everything from getting the medical records to going to court. I felt like I had real advocates on my side. That meant a lot to me.
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  • After a horrific episode at a nursing home, my sister and I spoke to a number of law firms. No one took the time to answer our questions and explain the legal process like Mr. Rosenfeld. He did a tremendous job on our case and I can see why he’s earned the praise he has from clients and peers.
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  • I liked the fact that I could call the office and ask questions about the legal process at anytime. I could tell that my case was in good hands. I think that this was reflected in my father’s settlement was more than I anticipated the case ever being worth.
    ★★★★★