What Are Nursing Home Settlements?
Nursing home settlements occur after lawsuits have been filed by plaintiffs (victims of abuse and/or their family members) against the defendants (the nursing facility, its staff, and/or administrators).
In nursing home settlements, the defendants agree to pay the plaintiffs for the harm that was done. The case is then dismissed.
Nursing home settlements award compensation for:
- Medical bills
- Punitive damages for pain and suffering
- Other expenses as needed
Settling a nursing home lawsuit often allows plaintiffs to receive compensation relatively quickly and avoid going to trial, where either side could win the case.
Many lawyers will encourage their clients to reach nursing home lawsuit settlements, but the decision is ultimately up to the plaintiff.
Nursing home settlements do not take away the physical and emotional trauma that comes with neglect and abuse. However, they can bring a sense of justice to nursing home residents and families.
Learn more about how nursing home settlements can help with a free case review.
Benefits of Reaching a Nursing Home Settlement
Nursing home settlements are often the best option for victims of abuse or neglect who wish to seek financial compensation.
The benefits of settling a nursing home abuse case include:
- Maintaining privacy (settlement details can be kept private)
- Reducing stress from a potential trial
- Resolving the case and getting compensation quicker
- Saving costs of additional legal fees that come with a trial
- Staying flexible (plaintiffs can accept strong settlements or reject poor ones)
Some victims of nursing home abuse may seek a trial in order to receive more compensation. However, there is no way to guarantee a judge or jury verdict will award more money than a settlement.
Download our free Nursing Home Abuse Handbook now to learn more about nursing home settlements.
How Much Money Can I Get From a Nursing Home Settlement?
The exact dollar figure for nursing home settlements depends on the specifics of each case. On average, nursing home settlements amount to roughly $406,000, but some cases may result in more or less than this.
Recent Examples of Nursing Home Lawsuit Settlements
An 84-year-old resident in Illinois secured a $1.5 million nursing home negligence settlement. She had been severely burned after being placed in a bath that was too hot by nursing home staff members.
A family got a $1.2 million settlement after two staff members were caught on video physically abusing and attempting to suffocate a 96-year-old resident at a long-term health care facility.
A family was awarded $625,000 after their loved one choked on food while living at a nursing home in California.
A man’s wife got $346,000 through a nursing home neglect settlement case. The man didn’t get proper medical care while living in a nursing home, causing him to develop severe bedsores (also known as pressure ulcers) that left him gravely ill.
A man’s niece obtained $210,000 through a nursing home neglect settlement case. The man died after suffering from a staph infection and sepsis. The staff didn’t bother to inform the man’s family that he passed away until several months later.
A woman’s family received a $150,000 settlement after she was severely neglected in a long-term care facility. She suffered from multiple falls in the facility and had to move to hospice care, where she died soon after.
Find out if you can access financial aid through a nursing home settlement right now.
Factors Affecting Nursing Home Settlement Amounts
In addition to specific evidence and details of the case, the factors listed below may affect how much victims may receive in nursing home settlements.
Case Type
There are two main case types in nursing home abuse settlements: personal injury and wrongful death.
In a personal injury lawsuit, the caregiver or nursing home is liable for negligence, abuse, or similar actions. In a wrongful death lawsuit, the actions or inaction of the nursing home or staff members caused a resident to lose their life.
Cases involving more serious injuries or death may award more.
Jurisdiction
The state and/or county where the abuse occurred can help determine where the case will be heard. Some jurisdictions are more favorable to plaintiffs than others.
Settlement Amounts for Similar Cases
A precedent for nursing home settlements may be based on previous cases, but they can also vary depending on the specifics of each case.
Steps in Getting Nursing Home Settlements
A key step in recovering money after injustice is to sue for nursing home neglect or abuse. Many of these cases resolve in nursing home settlements. Plaintiffs may have the option to settle their case before or during a trial.
Nursing home lawsuits typically follow the same five basic steps outlined below.
1. File a Civil Suit
After the initial case evaluation, your nursing home attorney may file a lawsuit against the nursing home or those responsible. The defendants will then have to respond to the lawsuit.
If the defendants don’t respond, they may automatically lose the case. However, it’s likely that they will respond to explain why (in their opinion) they aren’t at fault.
Filing a lawsuit and seeking a nursing home abuse settlement can be intimidating.
Thankfully, the process can be made easier with help from an experienced lawyer. Call (800) 896-7040 to get legal help right now.
2. Pretrial Investigation (Discovery)
Each party will begin collecting evidence that supports their side of the story.
This evidence may include:
- Documents
- Medical records
- Photos and videos
- Witness testimonies (interrogatories and depositions)
3. Demand Letter
Depending on the case, the plaintiff’s lawyer may choose to informally begin nursing home settlement negotiations or issue an official demand letter.
The demand letter explains why the plaintiff deserves compensation. The defense may choose to make a counteroffer. If they do not, the negotiations begin.
4. Mediation
If the lawyers cannot negotiate a settlement, then mediation may happen with a private mediator or judge who works with the two parties. The mediator meets with both parties together and then separately in an effort to reach a settlement agreement.
5. Settlement Offer
If the plaintiff accepts the defense attorney’s offer, the case is settled. Most nursing home abuse and neglect cases are settled out of court because it is generally less expensive than seeking a judge or jury award through a trial.
Nursing home settlements can also save time that older victims of nursing home neglect and abuse may not have.
Nursing Home Abuse Justice partners with some of the best nursing home law firms in the country. Connect with us now to learn more about nursing home settlements.
Get Legal Help to Secure a Nursing Home Lawsuit Settlement
Victims deserve to receive compensation from a nursing home lawsuit settlement for the injustices they have suffered.
The first step for many families is to find an experienced nursing home attorney.
Nursing home lawyers and law firms can:
- Build and file a claim on your behalf
- Handle the legal process so you don’t have to
- Secure the highest amount of compensation possible
Learn more about accessing nursing home settlements through legal action. Contact our team today to get a free case review and learn if you qualify.
FAQs About Nursing Home Settlements
How long does it take to get nursing home lawsuit settlements?
It can take several months up to two years or more to reach a settlement in a nursing home abuse lawsuit.
The timeline for how long it will take to settle typically depends on how strong the case is and the negotiation process. Some lawsuits may reach settlements right before or even during a trial.
As your lawsuit progresses, your lawyer will let you know if and when to expect a nursing home settlement.
How much is a nursing home wrongful death settlement?
Nursing home wrongful death settlements can vary. Depending on the nature of the case, wrongful death settlements may award millions of dollars.
For example, a 74-year-old nursing home resident died after being attacked by a younger roommate and suffering serious injuries. The family received $1.3 million in compensation through a wrongful death lawsuit.
An experienced nursing home abuse lawyer can estimate how much money you can expect to receive through a wrongful death settlement.
What is the statute of limitations for nursing home abuse cases?
The statute of limitations is a state law that limits the amount of time you have to file a lawsuit. The time limit to file personal injury cases varies by state but is usually 3 years or less.
If the statute of limitations passes in your case, you won’t be able to take legal action. Connecting with a personal injury lawyer with experience in reaching nursing home settlements can be the best way to make sure you file on time.
What is the average nursing home neglect settlement?
On average, nursing home settlements are worth $406,000. That said, nursing home settlements vary with each case. Several past settlements have awarded $1 million or more to victims of nursing home abuse and their family members.
Contact our team for a free consultation right now — learn how much money you may receive.
