Average Nursing Home Neglect Settlement

Wednesday, June 12, 2024

Average Nursing Home Neglect Settlement

Written by Malman Law, reviewed by Steve J. Malman.

Chicago nursing home abuse and neglect lawyers know that many people have a fear of nursing home neglect or abuse. Unfortunately, it is one of the risks of deciding to put your loved one in a nursing home or long term care facility and injuries resulting from nursing home abuse and neglect do happen far too often.

For this reason, Malman Law recently added two nursing home abuse and neglect Chicago attorneys to our practice to better position us to assist you or your loved ones with nursing home abuse or neglect in Chicago cases. Here are three of our recent awards:

• Malman Law recovered $260,000.00 on behalf of a nursing home patient who was afflicted with bedsores at a nursing home
• Our Chicago nursing home abuse attorneys recovered $825,000.00 on behalf of nursing home patient who was overdosed with medication and subsequently died at the care facility. Although the woman was given only weeks to live, the overdose expedited her death.
• Our team recovered $200,000.00 for a nursing home resident who contracted bedsores while at nursing home.

You do have recourse if you or a loved one has been unfortunate enough to have suffered from nursing home neglect or abuse. A few examples of injuries that indicate nursing home neglect or abuse include:

• Bedsores
• Unexplained injuries (falls, fractures, etc.)
• Physical, verbal or sexual abuse or assault
• Sepsis
• Financial exploitation
• Wrongful death

Our Chicago nursing home abuse and neglect attorneys know that there is nothing that can take away the effects caused by nursing home abuse. However, you may be entitled to compensation for
medical expenses, physical and emotional pain and suffering. A nursing home abuse and neglect lawyer can work on filing your case and help you receive compensation so that you can help your family member recover and receive appropriate care going forward.

Average Nursing Home Neglect Settlement

When handling a nursing home negligence claim, it is not uncommon for the plaintiff to be curious about the potential settlement amount. This is because if you have a fair understanding of the average nursing home neglect settlement, you might fairly gauge the potential value of your own claim. The average nursing home neglect settlement amount is estimated to be around $406,000, according to a 2022 survey report published by Health Affairs.

However, it’s important to note that some families have received settlements of much more or less. Substantial settlements often involve severe cases of neglect leading to significant harm or injuries. The settlement amount will vary depending on the factors surrounding the nursing home neglect case.

How Are Nursing Home Neglect Settlements Calculated?

When a loved one becomes a nursing home neglect victim, seeking justice and compensation becomes a priority. A crucial aspect of pursuing a nursing home neglect claim is understanding how settlements are calculated. The settlement amount for nursing home neglect cases is calculated based on:

Liability and Negligence

The first step in calculating a nursing home neglect settlement is establishing liability and proving negligence. This involves demonstrating that the nursing home did not adhere to their duty of care and that their negligence caused harm to the resident.

Assessment of Damages

Following the determination of liability, the next step is to assess the damages. This includes both economic and non-economic damages. Economic damages may include:

• Medical expenses
• Rehabilitation costs
• Loss of income

Non-economic damages denotes pain and suffering, emotional distress, and loss of enjoyment of life as a result of the nursing home negligence. The seriousness of the injuries and the resulting impact on the resident’s life will play a key role in determining the settlement amount.

Current and Future Medical Costs

Nursing home neglect often leads to significant medical expenses. The settlement amount will consider the current medical costs incurred to treat the injuries. It will also account for the future medical expenses that the resident may require. Usually, our legal team will involve expert medical testimony, which is necessary for estimating these future costs accurately.

Emotional and Psychological Impact

Nursing home neglect can cause emotional and psychological trauma to the resident and their family. The settlement amount takes into account the pain, suffering, and emotional toll on the life of the victim. Usually, these damages are not fixed; they vary from case to case.

Precedent and Case Histories

Past settlements and jury verdicts for similar nursing home neglect cases can serve as references when calculating settlements. Attorneys often consider similar cases’ outcomes to assess the value of the current claim and negotiate for fair compensation. Although each case is unique and should be evaluated based on its specific circumstances, the judges may use these precedents to provide a benchmark.

Punitive Damages

In cases where the nursing home’s conduct is egregious, the court may award punitive damages. These damages come on top of compensatory damages and they are typically substantial. These damages involve cases of willful misconduct, wanton disregard for safety, or intentional harm by the institution indicted.

What Factors Determine Settlement Amounts?

When determining settlement amounts for nursing home neglect cases, several factors come into play. Here are some factors that influence the settlement amount you will receive:

The Choice of Your Lawyer

Having the right lawyer on your side can significantly impact the outcome of your nursing home neglect claim. An attorney who specializes with nursing home neglect cases has the expertise to handle the legal process effectively. They can build a strong case and negotiate with the nursing home or their insurance company, which can make a substantial difference in the settlement amount you receive.

The Severity of Your Injuries

The extent of injuries suffered by the resident is key in determining the settlement amount. The more serious the injuries, the bigger the potential settlement amount. For instance, catastrophic injuries, such as falls and fractures, may result in larger settlements due to the extensive medical treatment, rehabilitation, and long-term care required.

The Validity of the Evidence

The strength and validity of your evidence can greatly boost your claim. A well-documented case with compelling evidence strengthens your position and may lead to a higher settlement offer from the defendant’s insurance company.

Location

Different states have different laws and regulations regarding settlements, which can influence the potential compensation. Some states have put caps on settlement amounts while others haven’t. In Illinois, there is no limit on punitive damages you may receive, which may increase the chances of a higher settlement amount. Consult a nursing home abuse attorney to evaluate your case based on the unique factors surrounding it.

The settlement amount of a nursing home abuse or neglect case compensates injured victims for the financial and intangible losses a victim sustains. There is no average settlement amount since the value depends on the facts and circumstances of each individual case.

The settlement value of a nursing home abuse or neglect depends on the following factors:

• The Impact of the Injuries: An injury with a long-term impact on a victim of nursing home abuse deserves a higher settlement value. For example, if a nursing home resident sustains a broken leg that makes walking difficult, they may incur hefty out-of-pocket expenses to enhance their mobility.
• Age of the Victim: The jury may offer a higher settlement value to a younger victim because the nursing home abuse will affect their quality of life for a more extended period.
• Availability of Punitive Damages: If the jury allocates punitive damages, the victim of a nursing home abuse or neglect is likely to obtain a higher settlement value. The court or jury may award punitive damages where the defendant intended to cause harm or acted recklessly regarding nursing home residents’ life, health, and safety.

Who Qualifies for a Nursing Home Abuse Settlement?

You may be eligible for a nursing home abuse settlement if you or a loved one is a victim of nursing home abuse or neglect. If the victim of nursing abuse is physically incapacitated, someone else can take legal action on their behalf.

Here are people who may obtain nursing home settlements:

• Victims of nursing home abuse or neglect
• Victim’s spouse, children, or close family member
• A representative of the victim’s estate

Suppose the victim of a nursing home abuse or neglect has passed on as a result of the injuries. In that case, their surviving spouse or family member may file a lawsuit seeking wrongful death settlements.

How to Pursue a Nursing Home Neglect Settlement

If you’re looking to obtain compensation for the injuries you’ve suffered, a nursing home abuse attorney can file a lawsuit on your behalf. When a legal professional takes charge of your case, you can concentrate on caring for your loved ones and supporting them during the difficult moment.

Here are the vital steps in pursuing a nursing home abuse settlement:

• Seek Medical Attention: Take your loved one to a healthcare provider if they’ve sustained an injury or illness because of nursing home abuse or neglect. A comprehensive medical evaluation can reveal hidden issues and generate medical records you can rely on to seek compensation.
• Gather Evidence: The next step involves gathering evidence in collaboration with a nursing home abuse attorney to build a strong case. The sources of evidence to prove nursing home abuse include prescription notes, images of the injury, medical records, police reports, and incident reports.
• File a Lawsuit: The management of a nursing home is less likely to pay damages unless you file a lawsuit. You can start the lawsuit by filing a complaint with a list of demands you’re making to the nursing home.
• Negotiate a Settlement Value: Before the trial hearing dates, you can negotiate a settlement value matching your losses. An attorney can apply their knowledge and skills to evaluate any offer presented by the defendant and negotiate a better deal that matches your losses.
• Proceed to Full Trial: If the defendant refuses to settle or tables an insufficient amount, you may need to proceed to a full hearing. If you win the case, you’ll be awarded compensation through jury verdict or judgment.

Why Families Pursue Nursing Home Negligence Lawsuit Settlements

Your life is likely to take a worse turn if your loved one is a victim of nursing home abuse or neglect. For instance, the cost of treating an injured family member translates to an additional financial burden.

That said, families pursue nursing home lawsuit settlements to recover abuse-related costs such as medical expenses, out-of-pocket expenses, and loss of companionship.