COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.
Learn more
COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.
Learn morePlease fill out the form below and a representative at Malman Law will contact you within 24 hours to discuss the specifics of your personal injury case.
Friday, October 27, 2017
Nursing home abuse and negligence cases are growing in the United States.
One of the most common questions received by our law firm for these victims and their families is what their case is worth. Sadly, we cannot give you an exact number or an average. Instead, it comes down to specific factors. These factors influence how your case settles and the amount you should expect.
The growing elderly population is one reason for a spark in more abuse and neglect cases. The aged population of 65 years and higher has dramatically grown. In fact, by 2050 the National Center on Elder Abuse estimates that the number of people over 65 will increase to 85 million – compared to the 40 million in 2010.
The biggest victims are those with Alzheimer’s and dementia. One 2009 study found that 50 percent of patients with some form of dementia are victims of abuse and neglect. A 2010 study found that 47 percent of their study participants with dementia were mistreated by caregivers.
Liability and fault are important in these types of cases. Depending on the evidence and type of case, you may be able to easily prove fault. More complicated cases, such as sexual abuse without the perpetrator caught, make it more difficult to prove the case – let alone collect compensation.
Naturally, the more powerful the evidence, the easier it is to not only settle the case but to receive maximum compensation.
Nursing home abuse takes many forms, and while physical abuse is more common than others, family members should always look for warning signs that their loved one is receiving inadequate care, or outright abuse from caretakers.
Some signs your loved is being abused or neglected include changes in their behavior. They may be wary around specific caretakers, have personality changes (including depression and anxiety), or refuse care from employees.
Sadly, many of the individuals in nursing homes have memory issues, which means that they might not remember being abused or realize that they are being abused. Therefore, they rely on their loved ones to recognize the signs and symptoms and act immediately.
Physical abuse is the most common and may include bruises, scars, welts, lacerations, broken bones, and dislocated arms. Also, unnecessary use of restraints is considered physical abuse.
Emotional abuse is not easy to see like physical abuse, but still a real threat to your loved one’s mental health. It includes threatening, isolating, controlling, berating, and embarrassing the patient. Telling the patient that they are not loved, or that family members do not care about them also constitutes emotional abuse.
Sexual abuse is a serious crime and often goes unreported. Some elderly patients are incapacitated, and their loved ones never realize that they were the victim of sexual abuse. It is important that loved ones be vigilant and look out for signs and symptoms of abuse. If sexual abuse is suspected, reporting it immediately can protect others from experiencing the same abuse.
Neglect is different from abuse. Abuse is physically harming the patient. Neglect happens when the nursing home does not feed, hydrate, or medicate the patient as they should. They may ignore safety hazards, resulting in a patient that becomes severely injured or dies.
Financial exploitation is a form of abuse and a very serious one. It involves tricking the patient into giving a caretaker money or outright stealing from the patient. This is more common among patients with Alzheimer’s or other types of memory disorders because the patient will not remember that they are a victim.
When it comes to finding the value of your nursing home abuse case, you must remember that most lawsuits settle instead of going to court. Therefore, a settlement, while more than adequate, is less in value than one that goes to trial. Trial verdicts often include attorney’s fees and juries are more apt to give higher settlements than insurance companies and attorneys can agree to out of court.
The reason most cases settle out of court include:
When comparing your case to other settlements in the past, realize that no two cases are 100 percent the same. Even two similar types of injury cases will have scattered factors that heavily influence the settlement value. Only an experienced attorney can give you a proper estimate for you particular case.
The types of compensation your case qualifies for will influence the value of your settlement as well. Some types of compensation available in a nursing home case include:
Note that while there are damage caps on nursing home injury claims in some states, the state of Illinois does not use them. In fact, the Nursing Home Care Act allows plaintiffs to seek damages, including punitive damages, without caps.
Specific factors will influence the value of your claim. These factors can increase or decrease the settlement amount.
The victim’s age plays a heavy role in the settlement. Obviously, the settlement would be higher for a younger person with years ahead of them. This is especially true if the injury will affect them the rest of their life, create a dramatic decrease in the quality of that life, or the injury has dramatically decreased the victim’s lifespan.
The number of employees involved in the injury case will play a role too. Just one employee values less than if multiple employees or the entire facility were a part of the injury or neglect.
The courts do consider the facility’s history. If the facility has multiple claims against them or a history of violations, they will often have a harsher settlement issued against them than a facility with a perfect care record in the past.
The insurance policy of that facility also plays a role, because insurance is what will pay the victims for their injuries.
A family who is active in their loved one’s well-being and care plays well in settlement negotiations. When family only show up to file a lawsuit and collect compensation, they will find that they receive a much lower settlement.
Malman Law has represented numerous clients in their nursing home abuse and neglect cases. In one case of nursing home abuse, we received $1.7 million for an elderly man that eventually had to have his legs amputated after suffering serious burns. Other successful cases include:
Whether it is your wife, husband, parent, or other family member injured by a nursing home’s neglect or direct abuse, you need to contact the team at Malman Law. You need professional representation for your claim, and our attorneys protect your family’s right to compensation.
Our attorneys are trial-ready. We have stood up for dozens of families that have suffered traumatic losses because of inadequate nursing home care. Contact our law office today for a no-obligation consultation at 888-247-2160 or request a consultation online.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim
Free Consultations | Tap To Call Today: 1.888.625.6265