The average nursing home abuse settlement amount is $248,823.53. Nursing home abuse cases often settle between $150,000 and $350,000 but can be higher or lower depending on case factors. Each nursing home abuse lawsuit is unique, and settlement amounts will vary depending on various factors of the case such as extent of injuries, negligence & liability, and whether the case goes to trial or is settled.
Abuse and NEGLECT
Factors That Can Affect A Nursing Home Abuse Settlement
- Severity of Abuse/Neglect: The severity of the abuse or neglect suffered by the resident plays a major role when determining a nursing home abuse settlement amount. Cases involving physical harm, emotional distress, financial exploitation, or even wrongful death are likely to result in higher settlements. More severe instances of abuse are generally associated with larger compensation amounts.
- Extent of Injuries: The extent of injuries sustained by the victim is another big factor. Severe injuries, such as fractures, head trauma, bedsores, or infections resulting from abuse or neglect, often lead to higher settlement amounts. Medical expenses, pain and suffering, and potential long-term effects are also considered when calculating compensation.
- Duration of Abuse/Neglect: The duration over which the abuse or neglect occurred can influence settlement amounts as well. Prolonged mistreatment may lead to higher compensation, as it demonstrates a continued failure on the part of the nursing home to provide adequate care.
- Evidence: The strength of the evidence presented can significantly impact the settlement. Clear documentation, photographs, medical records, eyewitness accounts, and expert testimony can make a compelling case and potentially lead to larger settlements.
- Negligence & Liability: Establishing and providing clear evidence that the nursing home like senath south health care center or care facility acted negligently is also a crucial case element.. If the facility failed to meet the expected standard of care, it may be held liable for the damages. Instances where the facility had prior knowledge of abusive behavior and failed to address it may also result in higher settlements.
- Emotional Distress: Emotional distress suffered by the victim, as well as their family members, can contribute to the settlement amount. Witnessing a loved one’s suffering due to abuse can lead to additional damage claims for emotional distress damages.
- Economic Damages: Medical bills, rehabilitation costs, and loss of income are directly considered when determining settlement amounts. These quantifiable losses are easier to calculate and often contribute significantly to the final amount of a nursing home abuse settlement.
In some cases, these factors can also affect how long a nursing home abuse case will take to settle. Generally, most cases settle within 1-2 years. However, complex cases with multiple defendants, and cases that involve severe injuries that require lengthy medical treatment and recovery can take longer.
Additional Legal Considerations For Nursing Home Abuse Claims
- Resident Rights: Nursing home residents have rights guaranteed by law. Violation of these rights, such as neglect, physical or emotional abuse, or improper care, can form the basis for legal action.
- State Regulations: Nursing homes are subject to state laws and regulations that govern how they operate. Violations of these laws and regulations can strengthen a case, and may increase the likelihood of a higher settlement.
- Standard of Care: Nursing homes are legally obligated to provide a certain standard of care to their residents. Any deviation from this standard can lead to liability if it results in harm.
- Statute of Limitations: Each jurisdiction has a statute of limitations, which is the time frame within which legal action must be initiated. It’s important to file a claim within this timeframe to ensure eligibility for compensation. For example, the statute of limitations for nursing home abuse injuries in Missouri is 5 years from the date of injury. If the abuse was the result of medical malpractice, a separate statute of limitations gives 2 years from the date of injury to file a claim. If the nursing home abuse results in the death of the resident, the wrongful death statute of limitations gives 3 years from date of the resident’s death to file a claim.
- Insurance Coverage: Many nursing homes carry liability insurance to cover incidents of abuse and negligence. Insurance coverage and policy limits can have an impact on the negotiation process and final settlement amount.
Get Help From A Nursing Home Abuse Attorney at Brown & Crouppen Law Firm
The nursing home abuse attorney in Kansas City & St. Louis nursing home abuse attorneys at Brown & Crouppen Law Firm are highly experienced and can help you build a strong case. Getting started is easy. Request a free case evaluation online or call 888-801-4736. And remember, our lawyers work on a contingency-fee basis, meaning there are no upfront costs or legal fees – we only get paid if you win.
Since 1979, our personal injury attorneys have helped recover over $1 billion as a result of settlements and verdicts, including from nursing home abuse & neglect cases. Our nursing home abuse lawyers at Brown & Crouppen Law Firm can answer any legal questions you may have and help you build a strong case to maximize compensation.