What Is the Average Settlement for Nursing Home Neglect?

When a loved one suffers from neglect in a nursing home, it can be a painful experience for the entire family. We understand the sadness and frustration you may be feeling. The compassionate nursing home neglect attorneys at Jacob D. Fuchsberg Law Firm are here to help you take legal action and seek the compensation your family deserves.

Common Signs of Nursing Home Neglect

Identifying nursing home neglect or abuse early can be crucial for preventing serious harm or worse outcomes, such as wrongful death. While some signs may be subtle, others can be quite apparent if you know what to look for.

Familiarizing yourself with these indicators can help you protect your loved one and take timely action if you suspect neglect or abuse:

Understanding Nursing Home Neglect Settlements

Nursing home neglect settlements can vary widely depending on the specifics of each case. While it's natural to wonder about average settlement amounts, it's important to remember that every situation is unique. Factors like the severity of the neglect, the resulting injuries, and the impact on the resident's quality of life all play a role in determining the settlement value.

The concept of an "average" settlement can be misleading, as each case has its own set of circumstances that influence the final compensation. Some cases may settle for relatively small amounts, while others could result in multi-million dollar settlements or verdicts.

What's most important is that the settlement adequately addresses the harm done to your loved one and provides the resources needed for their care and recovery.

How We Won $1.5 Million for Nursing Home Negligence

One particularly heartbreaking case our firm took on involved an elderly woman who suffered multiple injuries during her stay at a nursing home, ultimately leading to her death.

Our dedicated team of nursing malpractice lawyers worked tirelessly to hold the negligent facility accountable. As a result, we managed to secure a $1.5 million settlement for the family of this tragic victim of nursing home negligence.

Factors Influencing Nursing Home Abuse Settlements

Several key factors can affect the value of a nursing home neglect settlement. They include:

Severity of Injuries

More serious injuries typically result in higher settlements. For instance, a case centered on bedsores would likely settle for less than one involving severe malnutrition or a fatal fall.

Duration of Neglect

Prolonged periods of neglect may lead to increased compensation. If the neglect occurred over the course of months or years, it could significantly raise the settlement amount.

Impact on Quality of Life

Significant deterioration in the resident's well-being can also influence the ultimate settlement amount. This deterioration could be marked by loss of mobility, cognitive decline, or emotional trauma resulting from neglect.

Medical Expenses

Current and future medical bills related to the neglect are another factor. They may include hospital stays, specialist visits, rehabilitation costs, and ongoing care needs.

Pain and Suffering

The physical pain and emotional distress resulting from the neglect are also compensable. While harder to quantify, effects like these can be a major component of the overall compensation.

Level of Negligence

The degree of negligence the nursing home staff exhibits can affect the settlement value. Gross nursing malpractice or intentional harm typically lead to higher settlements.

Wrongful Death

Wrongful death cases often result in larger settlements than other types of cases. If these cases go to trial, the plaintiff may seek both economic and non-economic damages to address the full spectrum of their losses.

Strength of Available Evidence

Clear, well-documented evidence of neglect or abuse can open the door to more sizable settlements, as it strengthens the plaintiff’s case against the nursing home.

Nursing Home Reputation

The at-fault facility's history of violations or lawsuits could shape settlement negotiations or a judge’s ruling.

Jurisdiction

Laws and typical jury awards can vary by location, potentially affecting the final settlement amount.

Types of Damages Available in Nursing Home Lawsuits

When pursuing a nursing home neglect settlement, you may be entitled to seek various types of damages.

Economic damages will typically make up the bulk of the settlement award.

This category of damages offers compensation for:

• Medical bills
• Rehabilitation costs
• Lost income
• Costs of getting to and from medical appointments
• Expenses for physical therapy sessions
• Fees for counseling services

Non-economic damages, meanwhile, are meant to address intangible effects, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

It’s recommended that you work with a qualified attorney to calculate your eligible damages and present compelling evidence to support your case.

Nursing Home Wrongful Death Settlements

Tragically, nursing home neglect or abuse can sometimes lead to a resident's death. In such cases, the surviving loved ones have the right to pursue a wrongful death lawsuit. These settlements can provide compensation for:

• Funeral and burial expenses
• Loss of companionship
• The deceased's pain and suffering before death
• Loss of financial support for dependents
• Emotional distress of family members

Wrongful death cases come with the potential for large settlements due to the severity of the outcome. They also play an important role in holding care facilities accountable for fatal neglect, potentially preventing future tragedies.

Who Is Eligible to Pursue a Nursing Home Abuse Settlement?

Determining whether or not you’re eligible to seek compensation for nursing home abuse is crucial.

Generally, those who have been directly affected by the abuse or their legal representatives can pursue a settlement. This includes nursing home residents who have experienced abuse or neglect firsthand. Family members or legal guardians of nursing home patients can also file claims on behalf of their loved ones.

The Legal Process Behind a Nursing Home Settlement

If you’re considering filing a nursing home neglect lawsuit, knowing what to expect from the legal process can help you navigate your case more effectively. Here’s a breakdown of the key steps:

Initial Case Evaluation

When you retain the services of an attorney, they’ll review the details of your case to determine its viability. To do so, they’ll examine medical records, incident reports, and any other relevant documentation.

Investigation

A thorough investigation may involve interviewing witnesses, including other residents or staff members; consulting medical experts to understand the full extent of the neglect and its consequences; reviewing the nursing home's policies and procedures; and examining the facility's history of complaints or violations.

Filing the Lawsuit

If your lawyer can’t work out a fair settlement with the nursing home or its insurer, they’ll file a formal lawsuit. This document outlines your claims against the nursing home and the compensation you're seeking.

Discovery

During the discovery phase, both sides will exchange information and evidence. This may include depositions (sworn testimonies) from witnesses and experts, requests for documents, and written questions (interrogatories) that must be answered under oath.

Negotiation

Throughout the process, your attorney will attempt to reach a satisfactory settlement agreement. Most cases are resolved through negotiation, obviating the need for a trial.

Trial

If a fair settlement isn’t forthcoming, your case will go to trial. Both sides will present their evidence and arguments to a judge or jury, who will then decide the outcome.

The Statute of Limitations in Nursing Home Neglect Cases

It's essential to be aware of the statute of limitations for nursing home abuse and neglect cases. This legal time limit determines how long you have to take legal action after the neglect occurred. Failing to file a lawsuit within this window can result in you losing your right to seek compensation.

In New York, the statute of limitations for personal injuries resulting from nursing home abuse is three years from the time the neglect is discovered. Keep in mind, however, that some jurisdictions have different time limits for personal injury claims versus wrongful death claims.

Given these complexities, it's imperative that you consult a nursing home abuse attorney as soon as you suspect neglect. A qualified legal professional can ensure that your claim is filed within the appropriate time frame.