Each pressure sores case is unique, making it impossible to guarantee a specific reward without reviewing the facts of your case, but depending on certain factors, a pressure sores case could be worth a sizable amount, upwards of a million dollars or more.
Approximately 17,000 pressure sores lawsuits are filed a year, making it one of the most litigated injuries in the United States. Data on pressure sores lawsuits shows that verdicts favor the plaintiff over 85% of the time and the national average settlement in reported cases is $250,000.
Generally, pressure sores lawsuits are negligence lawsuits, meaning the nursing home or personal care facility did not act reasonably. In a negligence lawsuit, the plaintiff must prove four key points, which are:
- The defendant was tasked with doing no harm;
- The defendant harmed the plaintiff;
- The defendant’s breach of duty caused the plaintiffs injuries, pain and suffering, medical bills, and/or death;
- The injury sustained caused economic and non-economic damages.
What Can I Recover?
If a loved one’s pressure sores caused any type of loss, they can generally receive compensation for these losses. The damages that you or your loved one may be entitled to for their pressure sores include:
- Economic damages-This includes medical bills and lost income.
- Non-economic damages-If pressure sores caused a diminished quality of life, compensation may be available for loss of normal life and pain and suffering, among others.
- Punitive damages-Punitive damages are awarded to make an example against a defendant whose actions were particularly egregious.
- Wrongful death-If pressure sores were the contributing factor in the death of a loved one, the next of kin or the estate are able to receive compensation for the loss of the loved one, funeral and burial expenses, and the pain that the decedent experienced prior to their death.
Juries are limited in economic damages they can award but have great leeway in awarding compensation in the other categories.
What Factors Affect Recovery?
Many factors are considered when determining compensation for pressure sores cases. The most common factors that affect recovery include:
- Age of the victim-A victim that had a longer life ahead of them or would have contributed to a household but now cannot, will usually be awarded higher settlements.
- Death-If it can be demonstrated that pressure sores hastened the death of a loved one, juries are likely to award higher settlements.
- Neglect-If continued neglect can be proven, juries normally award higher settlements.
- Additional injuries-If a loved one suffered other injuries, such as a fall, it demonstrates that the nursing home or personal care facility was egregious in its behavior.
- Length of stay at the nursing home-If a patient is relatively new to a nursing home and develops pressure sores it demonstrates that the home was negligent in its care.
- Stage of the pressure sores-Pressure sores that are Stage 2 or higher are often awarded larger settlements due to the evidence that the caretakers missed early warning signs, thus they were negligent in their care.
If you believe a loved one has been abused or neglected at a long-term care facility, contact America’s Consumer Lawyer, for a free consultation. We are a Chicago injury law firm representing individuals and families who have suffered an injury or loss due to an accident. America’s Consumer Lawyer, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.
Lastly, America’s Consumer Lawyer, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple. Therefore, you have nothing to risk when you hire us–just the opportunity to seek justice.
