Settlement amounts are one of the factors used by clients to decide if a lawsuit is worthwhile. There is no common settlement amount for nursing home neglect cases. Every case is different, and the payout for compensation changes for each case.
The settlement amount is determined by different factors, making it impossible to provide an estimate of what you can expect your settlement to be without first reviewing the specifics of your case.
There are organizations that try to provide a general idea of what nursing home lawsuit settlements look like. According to one, the average nursing home settlement agreement in the US is $406,000, while settlements have exceeded $1 million [1].
While it isn’t possible to predict exactly how much you’ll receive in nursing home compensation, the nursing home lawyers at Rosenfeld Injury Lawyers have been successful in recovering seven-figure settlements for patients and their families in nursing home negligence settlements.
Read on to learn more about nursing home neglect settlements and what you can expect if you file a lawsuit.
What Is the Average Settlement for Nursing Home Neglect?
There are so many different factors that influence the size of the settlement that you can expect to receive. One of these factors is the type of facility where the abuse occurred.
There are some differences in the payouts for successfully handled settlements in skilled nursing facilities, independent living facilities, and assisted living facilities, even if these types of communities are collectively referred to as nursing homes.
Average nursing home negligence lawsuit settlements for claims against assisted living facilities are around $267,174. In a skilled nursing home, nursing home neglect lawsuit settlements average around $245,559. By comparison, the average settlement from an independent living community is $254,606. [2]
While there is no standardized nursing home settlement that any lawyer can guarantee, we can discuss some of our previous cases to give you an idea of what you can expect. To date, our average nursing home abuse settlement is around $1.6 million.
Nursing Home Settlements Based on the Type of Neglect or Abuse
Nursing home neglect settlement cases also vary based on the type of neglect or abuse, though many injuries start with a fall. Fall-related claims and pressure sores represent two-thirds of all claims.
Here are the national averages by type of case [2]:
- Resident falls – $226,813
- Bed sores – $252,757
- Improper care – $272,160
- Failure to monitor – $270,452
- Delay in seeking medical treatment – $257,682
- Resident abuse – $296,215
- Medication error – $278,826
- Elopement – $360,840
Nursing Home Lawsuit Settlements Based on the Type of Injury
Nursing home abuse settlement amounts also vary based on the type of injury. For instance, here are the national averages by injury: [2]
- Broken bones – $188,250
- Pressure sores – $243,962
- Infection – $178,788
- Head injury – $199,773
- Loss of organ function – $173,329
- Amputation – $256,306
- Laceration – $81,578
Nursing Home Wrongful Death Settlement Amounts
It’s difficult to assess average nursing home wrongful death settlements. According to a national survey, the average settlement for nursing home death is $284,384. Many of these cases involved pressure injuries, as two-thirds of claims involving bed sores involved wrongful death.
However, in our experience, nursing home negligent death settlements can often recover much higher levels of compensation. Our Chicago nursing home wrongful death lawyers have secured settlements for up to $2.1 million.
Which Factors Affect Nursing Home Settlement Amounts?
There are specific things in each case that can affect the total amount of compensation that you can expect to receive in the legal process. Some of these factors include the following:
Severity of Injuries
Nursing home lawsuit settlements are often influenced by the severity of the victim’s injuries. More serious injuries often mean more medical treatments or a more expensive recovery. Your lawyer can include these claims, which means the compensation that you can collect is directly tied to the amount of the claims.
Severity of Neglect or Abuse
Nursing home neglect settlements can be influenced by the severity of the abuse or neglect. The more severe the damages, the more compensation you are likely to be awarded. Nursing home litigation can be driven by how badly the nursing home staff acted. More heinous abuse can lead to higher levels of compensation.
Money Available
The amount of money that is available to pay your claim has a big impact on the size of your potential settlement. For instance, if there is an insurance company involved in your case, there is more money available to pay for a settlement than in a case filed against an individual’s personal assets.
Quality of the Evidence
The quality of the evidence available is an important factor when it comes to the total settlement offer. Cases with a lot of evidence, expert testimony, video surveillance, and witnesses tend to have more sizable payouts than cases without it. This is where hiring an experienced lawyer can make a difference, as they will gather all available evidence to support your case.
Wrongful Death Claims
If a nursing home resident dies because of nursing home abuse or neglect, the amount of compensation can increase substantially in a wrongful death lawsuit. This may be because the judge awards punitive damages or other nonmonetary awards where they choose the amount.
What Kind of Damages Are Compensated in Nursing Home Abuse Settlements
There are two primary types of damages: economic and non-economic. In some cases, punitive damages could be awarded.
Economic Damages
Economic damages have dollar amounts associated with the damages in each claim. For example, medical bills that you already have can have a fixed amount associated with them, making them economic damages.
Some possible economic damages include the following:
- Medical bills
- Lost wages
- Transportation to medical appointments
- Physical therapy
- Counseling
Non-Economic Damages
Non-economic damages don’t have a fixed monetary cost to them, such as claiming pain and suffering or emotional distress. With these sorts of damages, your lawyer can ask for a specific amount, or the judge can decide what that amount should be, but they are not directly connected to anything with a fixed cost.
Some possible non-economic damages include the following:
- Pain and suffering
- Emotional trauma
- Loss of life enjoyment
Punitive Damages
In certain cases, the judge may award punitive damages for especially heinous or egregious acts to punish or dissuade similar behavior from happening again.
Wrongful Death
A wrongful death attorney can help you secure different types of damages, including the following:
- The decedent’s medical bills
- Funeral expenses
- Loss of companionship
- Pain and suffering over the loss
Call us to explore your legal options today
How to Maximize a Nursing Home Lawsuit Settlement
One of the most effective ways to maximize how much compensation you will receive in a nursing home abuse case is to hire a personal injury lawyer who specializes in nursing home abuse cases. Your lawyer can advocate for you while you recover or grieve.
Build a Stronger Case
Law firms know how to gather evidence and build strong legal cases that demonstrate how nursing home staff failed to provide adequate care. Having a strong legal case with irrefutable evidence often translates into higher levels of compensation.
Understand Legal Precedence and Local Laws
Our law firm has a deep understanding of the federal, state, and local laws surrounding nursing homes, as well as knowing what past cases received. We can use this information to request higher amounts of compensation.
Negotiate
If settling a nursing home abuse or wrongful death claim out of court, the ability to fiercely negotiate your case matters. Often, insurance companies and the legal staff of larger, corporate-owned nursing homes will offer smaller settlements first to see if you settle for less than you deserve. Having a nursing home abuse lawyer on your team reduces the risk of this happening.
Have a Reputation for Advocating for Victims
As you select a law firm to represent you, be sure to choose one that has a reputation for advocating for victims. At Rosenfeld Injury Lawyers, we have cultivated a reputation for demanding maximum compensation. Judges and fellow lawyers know that we will not settle for less.
Who Can Pursue a Nursing Home Abuse Lawsuit?
There are several different parties that can pursue nursing home lawsuits. The types of damages that can be recovered will depend on who files the lawsuit and in which jurisdiction the abuse occurred. Some parties eligible to file a nursing home abuse lawsuit include the following:
- The nursing home resident – Nursing home residents can file their own personal injury claim against their nursing homes or assisted living facility.
- Spouse – The living spouse of a nursing home abuse victim can file a claim on their loved one’s behalf, whether the loved one is currently alive or died as a result of elder abuse.
- Child – The children of nursing home abuse victims can also file a claim against the nursing facility.
- Other family members – Other family members could be eligible to file a claim for nursing home neglect, depending on the jurisdiction and the specific circumstances of the case. For example, sometimes young people with complex health conditions live in a skilled nursing facility, and their parents could be eligible to file a claim on their behalf.
Contact Skilled Nursing Home Abuse Attorneys Today!
When you file a lawsuit against a nursing home, there is a chance that they will offer you a settlement to keep the case from going to trial. Otherwise, the court will decide on the final jury award.
Make sure that your settlement is appropriate and adequate by having a nursing home abuse lawyer represent you. Contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.
At Rosenfeld Injury Lawyers, our legal partners have handled multimillion-dollar cases against nursing homes for their treatment of patients that led to injuries and wrongful deaths. If you are worried about the cost of such a lawsuit, don’t be.
We work on a contingency basis, which means that you don’t pay a single cent unless we win your case. A member of our staff is available 24/7 to answer your call. Reach out to us now for a free case review and see if we can help you take legal action.
Resources: [1] Health Affairs, [2] CNA