According to the journal Health Affairs, the average lawsuit for nursing home abuse in the United States settles for approximately $406,000. If you discover that your elderly loved one suffered from nursing home abuse and wonder how much money your nursing home abuse settlement could be worth, the truth is that it will largely depend on:
- The facts and circumstances of the abuse.
- The amount of damage and harm suffered by your elderly loved one.
Disposition of Nursing Home Abuse Claims
A family member of an elderly resident who suffered physical or psychological abuse or neglect that resulted in injury or harm typically brings nursing home abuse cases. According to Health Affairs, the plaintiff received compensation in 88 percent of all cases involving nursing home abuse, which is almost three times the success rate of medical malpractice claims.
This payout rate means that if a victim (or a victim’s family) has a strong case and can prove nursing home abuse occurred to the elderly nursing home resident, they have a substantial chance statistically of winning their case. However, it is important to note that every case must receive proper evaluation based on the individual circumstances surrounding its claim of nursing home abuse.
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Average Recovery Amounts in Nursing Home Abuse Settlements
The average settlement amount, either in or out of court, was approximately $406,000. Additionally, statistics show that nearly one-sixth (17%) of all nursing home abuse cases include punitive damages. Courts typically award punitive damages when a defendant’s behavior appears particularly egregious, reckless, or negligent.
Importance of Nursing Home Abuse Cases
The National Center on Elder Abuse (NCEA) concludes that nursing home abuse is on the rise throughout the United States. Many argue that filing lawsuits against nursing homes for abuse and neglect against elderly residents continues to place the spotlight on this horrific activity. These abuse claims also keep the national conversation moving in a direction that will ensure high-quality care for our seniors. Filing a lawsuit against a nursing home for abuse or neglect ensures that your elderly loved one will receive the justice they deserve, and that those responsible for the abuse or neglect remain accountable for their actions.
Understanding the Process of a Nursing Home Abuse Case
Along with the variable of exactly how much money a nursing home abuse settlement will ultimately net the victim remains the question of how long the process will take. Again, the answer is, unfortunately, that it depends on several variables that relate to the direct facts and circumstances of your case. Some of the questions that may impact your nursing home abuse settlement timeline may include the following:
- What does the nursing home say about the nursing home abuse charge? Does it agree that the abuse occurred? Does it appear willing to cooperate with you or your elderly loved one regarding the charges? Did the facility provide documentation and evidence requested by you regarding the nursing home abuse or neglect?
- Did your elderly loved one receive medical evaluation and attention regarding the nursing home abuse? Do the medical experts agree that the injuries or harm suffered by your loved one were the direct results of nursing home abuse or neglect?
- Was the nursing home abuse or neglect egregious? While every nursing home abuse case always shocks the conscience and is unfortunate, was the nursing home abuse against your loved one particularly harmful or cause serious injuries? For example, was your elderly loved one restrained against their will and unable to eat, drink, or go to the restroom? Was your elderly loved one sexually abused in any way?
- What type of nursing home abuse occurred? Was it physical, psychological, sexual, or financial?
- Does the nursing home appear ready to agree to a settlement offer and agree that the elder abuse occurred in the facility?
These questions will not determine with any certainty the actual timeline of your case. Still, as you can imagine, the more cooperative and willing a nursing home is to settle a nursing home abuse case, the shorter the timeline for a settlement will be.
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Consider Visiting with a Nursing Home Abuse Lawyer
If your elderly loved one suffered any injuries or losses as the direct result of elder abuse in a nursing home, you have the right to seek justice on their behalf, as well as compensation for their injuries. While every case will always have different sets of facts and circumstances, an excellent way to determine how much money your nursing home abuse settlement will total can include visiting with the nursing home lawyers at Ben Crump Law, PLLC. Call our team today at (800) 959-1444 to discuss your case for free and learn more about your legal options.