What Are Nursing Home Abuse Case Values?
Nursing home abuse case values are the estimated dollar amount a legal claim is worth. They help those filing a nursing home abuse lawsuit (the plaintiff) understand how much compensation they may receive from the defendants (those being sued).
Nursing home abuse case values vary, but many past cases have been worth hundreds of thousands — or even millions — of dollars.
Our trusted legal partners have helped victims recover over $256 million in nursing home abuse cases. They may be able to help your family, too.
Get a free consultation now to learn how much compensation may be available in your case. We can connect you to a skilled nursing home law firm that can file a financial claim on your behalf if you’re eligible.
How Much Is My Nursing Home Abuse Case Worth?
Determining nursing home abuse case values depends on various factors, including the extent of injuries and losses. Nursing home abuse cases are not always straightforward.
Therefore, working with a skilled nursing home abuse lawyer is the best way to find out how much nursing home abuse cases may be worth. An experienced lawyer can estimate nursing home abuse case values before filing a lawsuit.
Your lawyer will then work to negotiate maximum compensation through a settlement agreement.
Quick Facts About Nursing Home Abuse Case Values
- According to a Health Affairs report, the average nursing home abuse case value was $406,000.
- Settlements offer a relatively fast and secure way to access compensation in nursing home abuse cases compared to court trials.
- Trials may affect nursing home abuse case values, as verdicts may award more or less compensation than a settlement. However, if you lose a trial, you may get no compensation without an appeal.
- Nursing home abuse case values are determined by the severity of the injury, the duration of the neglect or abuse, and the amount of evidence available.
- Neglect, which may lead to bedsores, malnutrition, or dehydration, accounts for many nursing home abuse cases. The extent of neglect can significantly impact nursing home abuse case values.
Examples of Nursing Home Abuse Case Values
Here are some recent examples of nursing home abuse case values that show the wide range of compensation available.
An 80-year-old man died after several falls, including one that broke his hip. The nursing home failed to notify his loved ones or doctors of the injuries due to a lack of staff and resources. Instead, the owner of the facility bought luxury homes and expensive cars.
Nursing home staff members routinely drugged a resident with Ativan without her consent for her agitation. The drug caused her to develop aspiration pneumonia, and she died not long after.
A nursing home patient received this settlement after a staff member raped her multiple times. The long-term care facility fired the abusive staff member once they found out about the sexual abuse, and he was later arrested.
An unsupervised woman was trying to find her way back to her room when she suffered a nursing home fall down a stairwell and broke her neck, dying from her injuries.
A nursing home aide rolled a frail resident aside to change the sheets, but the force of the roll caused the woman to fall and hit her head on the floor. She suffered a serious injury to the brain and died a month later. The woman’s loved ones were awarded damages for pain and suffering.
An 82-year-old man choked in a nursing home and died after a nurse forgot to put in his dentures before he ate.
An 89-year-old woman fell 20 times at a Massachusetts assisted living facility before dying from her final fall. She was found to have several untreated head and internal injuries.
If your loved one was harmed in a nursing home or another care facility, you may be able to take legal action and get justice. Find out right now with a free consultation.
Getting Compensation in Nursing Home Abuse Cases
A victim of nursing home abuse or neglect can receive compensation in a civil court in one of two ways. The method can significantly impact nursing home abuse case values.
Plaintiffs may get nursing home abuse compensation through:
- A settlement: A nursing home abuse settlement occurs when the defendants agree to pay the plaintiffs a lump sum before the case reaches a trial stage. According to Health Affairs, the average U.S. nursing home neglect settlement is $406,000 — though many exceed $1 million — and they are typically faster than going to trial.
- A trial verdict: If the parties cannot agree on a settlement amount, the case may go to trial. Trials rely on a jury’s nursing home abuse verdict to decide the case. Plaintiffs may receive more or less compensation if they win a trial. If they lose, they may not get anything.
Most nursing home abuse cases end in settlements because settlements are faster and more predictable than going to trial. Trials often add more time to a case, and there’s no way to guarantee more — or any — compensation from a trial verdict.
Factors That Affect Nursing Home Abuse Case Values
Nursing home abuse case values are based on damages, which are the costs of the victim’s injuries and losses. They may also include extra money the defendants must pay as punishment.
Here are three types of damages that affect nursing home abuse case values:
- Economic damages
These are expenses and financial losses such as medical bills or stolen money. Economic damages are relatively easy to calculate, especially if the victim or their family members kept records of their expenses.
- Non-economic damages
These damages include compensation for the pain and suffering that the defendant’s actions caused. Nursing home abuse case values for non-economic compensatory damages depend largely on a lawyer’s research, experience, and assessment of the case.
- Punitive damages
This money may be included to punish the defendants for careless behavior or intentionally causing harm. These awards also discourage others from committing similar acts.
Damages alone do not determine how much someone may receive from a nursing home lawsuit, however.
Other factors that may affect nursing home abuse case values include:
- How much the defendant can reasonably pay, including through insurance
- The strength of a plaintiff’s argument and evidence
- What juries have awarded other plaintiffs in similar cases through trials
Your nursing home abuse lawyer will consider all these factors to determine how much nursing home abuse compensation your family deserves.
See if we can connect you with a top nursing home attorney now with a free case review.
How Case Type Impacts Nursing Home Abuse Case Values
Nursing home abuse case values may vary based on what type of case a victim pursues. Different types of lawsuits may be filed depending on the circumstances surrounding the abuse or neglect.
Here are several types of nursing home abuse cases.
Breach of Contract vs. Tort Case Values
When victims of nursing home abuse file a lawsuit, they are usually making one of two types of claims: either a breach of contract or a tort claim.
Breach of Contract Claims
Breach of contract cases address a nursing home’s failure to perform some part of their contract. For example, a resident may sue a nursing home for breach of contract if it failed to provide proper care by employing fewer staff members than required by law.
If a victim wins a breach of contract claim, they may be able to get back any fees they paid to the nursing home.
Unfortunately, plaintiffs may be limited in how much money they can get from these cases if their insurance policies do not cover breach of contract claims. Victims can speak to a lawyer to learn if this type of legal claim is best for them.
Tort cases look at wrongful acts outside of breach of contract that caused harm. For example, a nursing home resident may sue a facility after developing severe bedsores due to neglect.
Tort claims involving abuse and neglect are covered under most nursing home liability insurance policies. These case types usually offer much higher nursing home abuse case values than breach of contract claims.
Wrongful Death Cases
Wrongful death occurs when a nursing home resident dies due to staff carelessness or mistakes. The victim’s survivors may file a nursing home wrongful death lawsuit in these cases to access compensation.
Legal Help for Nursing Home Abuse Cases
Determining nursing home abuse case values is a complicated process, but it gives victims and their loved ones an idea of how much compensation they may receive.
There is no way to guarantee the value of your nursing home abuse case. However, experienced nursing home abuse lawyers can often provide accurate estimates. In addition, an attorney can advise you on how to get the highest case value possible in the shortest amount of time.
Find out if you can connect with a skilled nursing home lawyer now with a free case review.
FAQs About Nursing Home Abuse Case Values
What is the most common type of nursing home abuse?
Emotional abuse is the most common type of nursing home abuse. In these nursing home abuse cases, residents might be threatened, humiliated, or isolated.
While emotional abuse does not directly cause injuries, the pain and suffering it creates may influence nursing home abuse case values.
What is an example of abuse in a care home?
An example of abuse in a care home is a staff member intentionally pushing, slapping, or hitting a resident, causing bruises or injuries.
It could also include forcefully restraining or denying residents necessary medical care, leading to pain or health issues. These deliberate acts of harm can influence the value of nursing home abuse cases.
However, it is important to remember that neglect is also a form of abuse. If your loved one is being neglected, even if it appears to be unintentional, get help without delay.
Sometimes, reporting nursing home neglect isn’t enough. Reaching out to a top nursing home abuse law firm may be your best option.
What are the effects of abuse in care homes?
Abuse in care homes can lead to physical injuries, like bruises or broken bones. Emotionally, residents may become fearful, depressed, or anxious. They might withdraw from others, have trouble sleeping, or seem more agitated.
Over time, abuse can decrease trust in others and negatively impact the overall well-being and quality of life of nursing home residents. It’s vital to address and stop any abuse quickly.
How much are nursing home negligence cases worth?
Nursing home neglect cases may be worth seven-figure sums or more in certain cases. For example, a New York jury recently awarded a woman $1.25 million after mild bedsores worsened during her stay at a nursing home.
Nursing home abuse case values do vary, though. Connect with a lawyer to learn how much compensation may be available in your case.
When will I know the value of my nursing home abuse case?
You can get a better idea of your nursing home abuse case value by talking to an experienced attorney. Lawyers who have handled cases similar to yours may be able to give you an accurate estimate.
You’ll know the final value of your case once a settlement agreement has been reached or a jury verdict has been rendered in a trial.
How can I get the most money possible out of my case?
You may be able to get more compensation with help from a nursing home abuse attorney. Lawyers who have handled past nursing home abuse cases can use their experience to strengthen your case.
How do state and local jurisdictions affect case values?
Each state and county has its own court system that can make decisions that impact local nursing home abuse case values.
For example, every state has statutes of limitations that place deadlines on filing lawsuits (typically 3 years or less). This means you may not be able to get any money at all if you wait too long to take legal action — even if your case is valid.
Jurisdictions may affect case values in other ways, such as:
- Limiting the non-economic damages a jury can award
- Limiting the punitive damages a jury can award
- Setting precedents for verdicts and settlements based on past amounts awarded
A top nursing home law firm can help see how the governing jurisdiction may affect your case and its value.