There is no average nursing home neglect settlement because each case is unique. A claim’s value can be significantly higher or lower depending on the injuries involved, the impact on the resident’s life, the evidence available, and other specific case details.
If you or a loved one faced nursing home neglect and are going through a claim process, it may be helpful to understand how settlements work and what types of damages are typically included.
For more specific information, get in touch with a Chicago nursing home abuse lawyer who can evaluate your case and help you understand settlement amounts.
What Types of Compensation May Be Included in a Nursing Home Neglect Settlement?
A nursing home neglect settlement is meant to help cover the harm a resident experienced because of poor care or mistreatment. Compensation in a nursing home neglect case may include:
- Medical bills related to the neglect your loved one suffered.
- Future medical care and rehabilitation costs.
- Pain and suffering
- Emotional distress
- Costs of moving to a safer facility.
- Permanent injuries or reduced quality of life.
- Damages related to a loved one’s death caused by neglect.
In some situations, additional damages may be available if a nursing home’s actions were especially harmful or intentional. However, these damages are only awarded in certain situations and depend on the laws in the state where the case is filed.
How Is a Nursing Home Neglect Settlement Determined?
There is no set amount that every nursing home neglect case is worth. Instead, the value of a settlement depends on the specific facts of the case. Insurance companies, attorneys, and sometimes juries look at the available evidence to determine what amount may be appropriate.
Some of the factors that may affect a settlement include:
- How serious the resident’s injuries are.
- Whether the injuries caused lasting damage.
- The cost of medical treatment.
- The physical and psychological effects of elder abuse and neglect.
- The evidence showing the nursing home was responsible.
- Whether the case is resolved through a settlement or goes to trial.
Because every case is different, two nursing home neglect claims involving similar injuries may still have very different outcomes. For instance, in some cases, bedsores may heal with little trouble, whereas in others, they can be fatal.
What Factors Affect the Average Nursing Home Neglect Settlement?
One major deciding factor in nursing home neglect settlements is the severity of the harm suffered. Cases involving serious injuries, such as severe bedsores, dehydration, preventable falls, or wrongful death, may have higher settlement values because of the significant impact on the resident and their family.
The strength of the evidence can also make a difference. Medical records, photographs, witness accounts, inspection reports, staffing records, and other documentation can help show what happened and who may be responsible.
Other factors may include the resident’s future medical needs, the available insurance coverage, whether more than one party contributed to the harm, and the laws that apply to nursing home neglect cases in your area. A lawyer experienced with these cases can review these details and help explain what factors may affect your claim.
How Can a Lawyer Help With a Nursing Home Neglect Settlement?
A nursing home neglect lawyer can help you understand your options and guide you through the process. These cases often require a detailed investigation to uncover what happened and determine who should be held responsible. Your attorney can assist by:
- Gathering important evidence to build a claim that demonstrates another party’s fault and the extent of your loved one’s injuries
- Reviewing medical records to determine how they point to another party’s negligence
- Working with experts when needed to prove your version of events and demonstrate the impact of the harm your loved one suffered
- Handling communication with the nursing home and insurance companies to help you avoid making statements that could harm your claim
- Negotiating for a settlement that reflects the full impact of the neglect on your loved one so that your family has what you need to move forward
If a fair settlement cannot be reached, they can help prepare your case for court and advocate for your family’s interests. Having experienced legal guidance can provide support during a difficult time and help you make informed decisions about your next steps.
Questions About Nursing Home Neglect Settlements? Contact Shore Law Today
If your loved one has experienced nursing home abuse or neglect, you may have questions about what your case could be worth and what steps to take next. Shore Law can review your situation, explain your options, and help you understand the legal process.
With more than 40 years of combined experience and over $250 million recovered for clients, Shore Law has experience handling complex nursing home abuse and neglect cases. Founding attorney Megan Shore is also recognized as a nursing home software consultant and healthcare software consultant.
Contact Shore Law today to schedule a free consultation and learn how we can help protect your loved one’s rights and pursue accountability.
