(914) 220-1086Deciding to put a loved one in a nursing home can be difficult. If they are hurt while living there, the impact can be devastating. What should be a person’s golden years may be seriously affected by both the physical and emotional toll of nursing home abuse or neglect.
In this situation, you might be able to file a lawsuit against the facility and any responsible parties. While there isn’t an average settlement amount for nursing home cases, your New York nursing home neglect lawyer can give you a ballpark estimate of the value of your case during a free initial consultation. They can then fight to get you top dollar for your nursing home neglect or abuse case.
The Law Office of Thomas Gallivan represents nursing home residents and their families throughout New York. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Contact our law firm today to schedule a free consultation with our nursing home abuse attorneys.
What Is the Average Settlement for a Nursing Home Abuse or Neglect Case?
If a person suffers abuse or neglect while living at a nursing home, they may be able to file a claim against the facility for their injuries. If a nursing home resident dies as a result of improper care or abuse, their loved ones can pursue a wrongful death claim against the facility.
There is no such thing as an average settlement for a New York nursing home case. That is because the value of any case depends on many different factors (as described more fully below). One nursing home resident might recover $1,000,000 in a settlement, while another receives a $250,000 settlement. Because these cases are so fact-dependent, it is hard to determine any average settlement.
In a nursing home lawsuit, you can recover money for all of your losses. This includes compensation for:
- Economic damages for direct financial losses, including medical bills, future medical treatment, hospital expenses, the cost of additional long or short-term care, expenses for medical equipment and adaptive devices, and moving costs to transfer to a new facility.
- Non-economic damages for indirect losses such as pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.
In cases where a nursing home resident’s injuries were caused by intentional or reckless behavior, the facility may also be liable for punitive damages. This is a special category of compensation that is designed to punish a wrongdoer. It may be available in cases involving physical abuse, sexual abuse, or another type of harm caused by intentional or reckless conduct.
Our law firm has recovered millions of dollars on behalf of victims of nursing home abuse and neglect. While past results are not a guarantee of future outcomes, they can give you an idea of the types of settlements that our New York nursing home abuse and neglect attorneys have been able to achieve. Past settlements and verdicts include:
- $1,000,000 for the family of a nursing home resident who choked to death after the nursing home gave her unsafe food and failed to properly administer CPR;
- $500,000 for injuries suffered by a resident when a nursing home and its doctors improperly prescribed and administered anti-seizure medication;
- $490,000 for a nursing home resident who suffered a Stage 4 bedsore and a fracture due to a fall;
- $450,000 for the family of a nursing home resident who did not receive proper care after vomiting, which resulted in aspiration, choking, and death; and
- $375,000 for a nursing home resident who suffered a hip fracture due to a fall and then developed Stage 4 bedsores.
While each case is unique, our team works hard to help our clients get the best possible outcome for their injuries. We will fight to help you and your family get the money that you deserve for your losses so that you can move forward with your life.
Factors That Affect the Value of a Nursing Home Case
When an older person suffers abuse or neglect while at a nursing home, they may be entitled to financial compensation for their losses. As described above, the exact value of any nursing home settlement can vary significantly. Several factors play a role in determining a fair settlement amount for a nursing home abuse or neglect case.
Severity of Harm
In any personal injury case – including nursing home claims – the value of the case will depend in large part on the severity of the injuries. Generally, more serious harm will result in higher settlements. That is because they typically involve more significant medical expenses as well as compensation for things like pain and suffering and emotional distress.
For example, consider a case where 2 nursing home residents suffer bedsores (something that shouldn’t happen with proper care). The first person’s bedsores were discovered at Stage 1, which requires far less invasive treatment and has a high rate of recovery. The second person’s bedsores progressed to Stage 4, affecting their bones and joints.
While each of these people will likely be entitled to compensation in a nursing home neglect lawsuit, the second person will almost certainly receive a larger settlement. Other factors will affect the settlement, but because the person with Stage 4 bedsores will likely be affected for life, the value of their case will likely be greater.
Liability
In a nursing home case, the injured victim (plaintiff) has the burden of proof. This means that they must introduce evidence to show that the at-fault party (defendant) caused their injuries through negligent, reckless, or intentional conduct.
In a nursing home claim, this means proving that (1) the nursing home owed the plaintiff a duty of care; (2) they failed to meet the standard of care; (3) they directly caused harm to the plaintiff; and the plaintiff suffered losses as a result. When liability is clear, then the settlement will likely be larger. If there is some dispute as to liability, then the settlement may be smaller.
For example, consider a situation where a nursing home resident was injured in a fall. Nursing homes have a duty to assess residents for fall risk and then to implement a fall protocol based on that risk. But in this scenario, a family member was visiting the resident when the fall happened and had decided to take them on a walk around the grounds without informing the staff or making sure that it was OK.
Here, liability may be in question because it was the family member’s decision, not the nursing home’s neglect, that may be the reason the resident fell. This is different from a case where a nursing home failed to make sure that a resident had help getting in and out of bed, and the resident got hurt in a fall. In this way, liability issues can impact the total value of a nursing home case.
In many cases, the nursing home will deny responsibility for injuries suffered by a resident. As experienced New York nursing home neglect attorneys, it is our job to push back against these claims. We won’t simply accept the nursing home’s characterization of events, but will investigate the case and research the law to put together a strong case.
Evidence and Documentation
As noted above, the plaintiff in a personal injury case generally has the burden of proof. Evidence (or lack thereof) can affect the value of a nursing home case because the plaintiff must be able to prove that the nursing home was negligent in some way.
Typical evidence in a nursing home abuse or neglect case includes things like medical records, testimony from witnesses, photos and videos, and opinions from expert witnesses. The more compelling the evidence is, the greater the likelihood that the plaintiff will recover a good amount in a New York nursing home case.
Our nursing home abuse and neglect lawyers are skilled at gathering evidence to prove the claim against the facility. We understand the types of documentation that can be used to prove a claim and work to build the strongest possible case for compensation. This often includes hiring experts in the field who can testify that the nursing home did not meet the standard of care for the profession.
Insurance Coverage
A nursing home abuse or neglect settlement is typically paid by the facility’s insurance company. For this reason, the amount of coverage that the nursing home has will impact the value of the case. A facility with a higher policy limit on its commercial liability insurance will be able to afford a bigger settlement than one with a lower policy limit.
Nursing home abuse and neglect claims involving smaller, family-owned facilities may lead to lower settlement values because these companies often don’t have large insurance policies. By comparison, large corporate-owned facilities often have substantial insurance policies, which can mean a bigger settlement. Our law firm will thoroughly evaluate the options in your case to help you get maximum compensation for your losses.
If your loved one was hurt or became ill while residing at a nursing home, the facility might brush off your concerns if you report the issue. They might even offer you a settlement if they believe that you might file a claim. You should always consult with a nursing home neglect attorney before signing any paperwork or accepting a settlement.
Nursing homes would prefer that potential claims go away for as little money as possible. Our role as lawyers is to get you the highest possible settlement for your injuries. If you believe that your loved one was abused or neglected at their nursing home, don’t hesitate to call. We will advocate for your rights and protect your interests throughout the process.
Call Our Law Firm to Talk to a New York Nursing Home Abuse Lawyer
A nursing home should be a safe place where residents receive a level of care that is appropriate for their needs. When a nursing home fails to provide that level of care, residents can be seriously injured. Our law firm will help you get a fair settlement based on the specific facts of your case, fighting for your right to full compensation and justice.
As experienced New York personal injury lawyers, the Law Offices of Thomas L. Gallivan understands how to get the highest possible settlement amount for our clients. We use our outstanding negotiation skills to get high-value settlements for our clients. When necessary, we take cases to trial to help our clients get maximum compensation. To learn more or to schedule a free initial consultation with a New York nursing home abuse lawyer, call us at 914-220-1086 or fill out our online contact form.
