If you have an elderly loved one in a nursing home, you assume they will receive the best care possible. Despite our best intentions, though, nursing home abuse and neglect are common occurrences across the U.S. If you suspect that your loved one has suffered abuse or neglect at the hands of a nursing home and its employees, you should contact an experienced personal injury lawyer to review your case and assist in your lawsuit.
There are thousands of lawsuits filed against nursing homes yearly, yet only approximately 5- 10% of these lawsuits proceed to full litigation. The remaining 90-95% of nursing home abuse cases are settled out of court without reaching a jury trial.
To determine a settlement amount, both parties will meet for negotiations and agree that once the settlement is reached, no further legal action will be pursued in regard to this incident.
While nursing home settlements are among some of the most serious and highest awarded cases, determining their exact value is difficult and depends on a variety of factors that are unique to each individual case. No two cases are every exactly alike, thus a settlement payout for one case will almost always differ from the next. According to a study done by Health Affairs, a health policy research and peer-reviewed journal, the average nursing home case settlement in the U.S. is $406,000 although higher and lower recoveries are possible.
Factors Affecting Settlement Recovery Amounts
There are certain factors that can affect the settlement recovery amounts, which include:
- Medical costs;
- Pain and suffering for the resident and their family;
- Loss of normal life;
- Survival damages;
- Age of the injured party;
- History of care by the nursing home;
- Nursing home conduct;
- Regular family involvement.
It is important to contact an experienced personal injury lawyer to determine what you and your loved one may be entitled to in their specific case. Much of the outcome of your case will depend on your case specifics and the nursing home involved.
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.
