Lawyer Resources for Case Values

Nursing Home Abuse & Injury Lawsuit Settlements

After the initial anger of learning that a loved one has been mistreated in a nursing home, it is common for some families to look to the civil justice system to address the negligent or abusive conditions. The majority of situations involving a patient injury or death require some type of litigation in order to get the facility to pay for the resulting injury. From the time a nursing home lawsuit is filed through the time that it is resolved, many things may happen including: settlement of the case between the parties, resolution via a mediation, a settlement decided by an arbitrator or in some cases, the matter may proceed to trial before a jury.

Why Some Nursing Home Lawsuits Settle

When a nursing home case is resolved or settled, there is a compromise between the parties. In the world of civil lawsuits, money is exchanged between the parties. By accepting a settlement, the individual or family initiating the claim agrees to let their case go. From the perspective of the facility being sued, they agree to pay an amount of money for the harm alleged by the family.

Every Nursing Home Lawsuit Has a path of Its Own

Many nursing home lawsuits may appear to be similar in nature. The truth is that slight differences among them can have a significant difference in the outcome of the case. Consequently, some matters may settle quickly for a large amount of money while other cases may drag on for a long time and settle for a modest amount of money.

How to Value Nursing Home Cases

After deciding to initiate a claim or lawsuit, the next question that comes to mind is ‘how much is my case worth’. While the question may be straightforward, the answer is not. Many factors contribute to the valuation of nursing home abuse cases including:

  • Severity of the injury– cases with more significant injuries tend to have more value
  • Age of the injured party- generally, when a younger, healthier person is injured, their case is worth more
  • Facilities track record of care– some facilities have a notorious track record for poor care while others may only have an isolated incident
  • Investigative agency findings– some incidents at facilities are investigated by state or federal entities. While such findings are generally ‘inadmissible’ they may be recognized by a facility.
  • Experience with an attorney– facilities tend to recognize lawyers and law firms that handle these type of case. When they see an experienced attorney, they may be more apt to settle
  • Insurance companies involved– many settlements are paid by insurance companies for nursing homes. Simply put, some companies are more likely to settle than others
  • Laws that control a jurisdiction– the laws in some jurisdictions are simply more favorable to an injured party than others.
  • Venue– Some areas are more conservative than others. A conservative venue will generally result in a lower case settlement value.

Why a Settlement May Be in Your Best Interest

Some families may be steadfast when it comes to having their day in court. However, the settlement of a case may have benefits that they should consider if the possibility of resolution should arise. Settlement benefits include:

  • A faster disposition of the case.
  • Reduced expense and overhead compared to a trial.
  • The possibility of maintaining privacy of a matter as opposed to a public trial.
  • Less stress and strain on the family when it comes to court appearances and depositions.
  • More certainty. There is always uncertainty involved when a jury hears a case.

Examples of Nursing Home Settlements in Your State

Below you will find links to pages that address settlements and verdicts of nursing home abuse and neglect cases from various states. We encourage you to review these pages so you can get a flavor for how cases may be handled in your area.

Should you wish to discuss your situation or if you have questions about your legal rights, we encourage you to contact our firm for a free review of your case. We are committed to the most favorable outcome of your case. Every case is handled on a contingency fee basis—where there are no upfront costs and a fee is charged only when we are successful on your behalf.

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SOUTH CAROLINA NURSING HOME SETTLEMENTS

One of the main focuses of the Nursing Home Law Center is the protection of nursing home residents and getting them the highest nursing home verdict that we can. We exert considerable time and energy on this field of law because we see the need: nursing homes are booming and this often leads to neglect, abuse, and negligence. Therefore, residents lose out in the process and suffer various kinds of harms including bodily injuries, financial expenses, mental suffering, and other tangible and intangible losses. Generally, this comes about through different kinds of accidents but primarily from falls, sores, neglect, and abuse. When this happens, we stand up for the rights of residents in South Carolina courts.

Rosenfeld Injury Lawyers is dedicated to fighting for the rights and recovery of nursing home residents. They are vulnerable and deserve respect and care! Due to this commitment, we don’t work for nursing homes, doctors, or similar parties. We think it would detract from all the hard work we do for residents and don’t want anything to subtract from that effort.

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