Nursing Home Abuse Settlements

While nursing home abuse settlements do not take away the pain that comes with vulnerable loved ones being mistreated, they can bring justice to victims and their families.

How Much Is a Nursing Home Abuse Settlement?

The exact dollar figure for nursing home abuse settlements varies depending on the specifics of the case. That said, nursing home lawsuit settlements amount to roughly $406,000 on average.

The following acts could constitute grounds for a nursing home abuse lawsuit:

  • Wrongful death
  • Abuse
  • Neglect

Nursing home abuse settlements may be the best course of action for victims of nursing home abuse and their loved ones.

Quick Facts About Nursing Home Abuse Settlements

  • Roughly 90% of all nursing home abuse plaintiffs settle out of court.
  • While settlements may bring in less compensation than trial verdicts, they are faster, more flexible, and less stressful.
  • There are two main types of nursing home abuse settlements: negligence/abuse and wrongful death.
  • Nursing home wrongful death cases have some of the highest settlement amounts — often over $1 Million.

Why Seek a Nursing Home Abuse Settlement?

Some victims of nursing home abuse may seek a trial in order to receive maximum compensation. This is often seen in more serious cases of abuse or neglect. Regardless, most cases settle out of court.

Benefits of choosing to settle your nursing home abuse lawsuit include:

  • Decision-making flexibility
  • Maintaining privacy of the abuse details
  • Needing not register a guilty verdict or record of a judgment
  • Reducing stress that trials tend to cause
  • Speeding up the process
  • Saving considerable expense in legal fees

Nursing abuse settlements are often the more practical option for victims of nursing home abuse and neglect who wish to seek financial compensation.

Nursing Home Abuse Settlement Examples

Nursing home lawsuit settlements can vary in compensation amounts depending on the individual case. In addition to specific evidence and details of the case, the factors listed below may also contribute to the settlement amount a victim or their family may receive.

  • Jurisdiction: The facts presented in the case, as well as the county in which the nursing home is located, dictate the jurisdiction in which the case will be heard.
  • Case type: There are two main case types in nursing home abuse settlements:
    • Personal injury: The caregiver or nursing home owner is liable for negligence, abuse, or similar actions.
    • Wrongful death: More serious cases, in which the actions or inaction of the owner or caregiver results in death.
  • Average settlement amounts for similar cases: A precedent for nursing home abuse settlements may be based on similar cases from the past and can vary depending on the jury.

Below, find examples of cases involving nursing home abuse settlements.

Abuse Settlement Example

Two nursing home employees were caught on film pushing and attempting to suffocate a 96-year-old nursing home resident. The resident’s family won $1.2 Million in compensation from the lawsuit.

Neglect Settlement Example

An 84-year-old nursing home resident in Illinois endured severe burns after being placed in a bath that was far too hot. The resident received a nursing home neglect settlement of $1.5 Million.

Wrongful Death Settlement Example

A 74-year-old nursing home resident in Illinois shared a room with a younger resident with violent tendencies. The older resident died after being attacked and beaten, and the family received $1.3 Million in compensation.

For victims who have experienced traumas such as those listed above, as well as their families, legal action is a valuable step in recovering from such injustices.

Nursing Home Abuse Settlement Process

Filing a lawsuit and seeking a nursing home abuse settlement can be intimidating, but with help from an experienced nursing home abuse lawyer, the procedure can be straightforward and less burdensome.

Many victims of nursing home abuse and their families choose to pursue a nursing home abuse settlement because settling out of court is generally less expensive than a trial. It can also save a lot of time — time that elderly victims of nursing home neglect and abuse may not have.

Cases that go to trial can take between 1 and 3 years before there is a verdict.

Plaintiffs have the option to settle their case before or during a trial. Nursing home abuse settlements typically follow the same five basic steps, which are outlined below.

File a Civil Suit

Each party will file paperwork detailing their side of the story for the case.

Pretrial Investigation (Discovery)

Each party will begin collecting evidence that supports their side of the story. This can include documents, witnesses, film and photographs, and using tools like interrogatories and depositions.

Demand Letter

Depending on the case, the plaintiff’s lawyer may choose to begin negotiations informally, or they may issue an official demand letter. The defense may choose to make a counteroffer. If they do not, the bargaining begins.

Mediation

If the lawyers cannot negotiate a settlement, then a mediation begins with a private mediator or judge who works with the two parties. The mediator meets with both parties together and then separately to reach an agreement.

Settlement Offer

If the plaintiff accepts the offer from the defense attorney, then the case is settled. The attorney can send out their acceptance through email, phone, fax, letter, or a combination of the above.

Get Compensation for Nursing Home Abuse

Victims deserve the opportunity to receive compensation from a nursing home abuse settlement for the injustices they have suffered.

The first step that a victim of nursing home abuse should take to file a lawsuit is to find an experienced nursing home abuse lawyer. These lawyers can help victims and their families navigate the complex legal process and get the maximum settlement amount possible for their case.

If you or a loved one is a victim of nursing home abuse, you may be entitled to compensation. Contact Nursing Home Abuse Justice today to get a free case review and learn if you qualify.

You deserve justice. Get a free legal case review now.

Author:Nursing Home Abuse Justice Team
Nursing Home Abuse Justice Team

Nursing Home Abuse Justice was founded to shine a light on nursing home and elder abuse. Every day, thousands of people in nursing homes and assisted living facilities are abused. Our team helps educate seniors and their loved ones on the common causes, signs and preventions of nursing home abuse. We report on real-world studies and current events from respected news outlets to expose this national problem.

Last modified: June 4, 2020

View 3 References
  1. FindLaw. (n.d.). Nursing Home Lawsuit Settlements FAQs. Retrieved June 2, 2020 from https://injury.findlaw.com/torts-and-personal-injuries/nursing-home-lawsuit-settlements-faqs.html

  2. FindLaw. (n.d.). What Does it Mean to Settle a Case? Retrieved June 2, 2020 from https://litigation.findlaw.com/legal-system/what-does-it-mean-to-settle-a-case.html

  3. Nolo. (n.d.) Proving Damages or Injuries in a Nursing Home Abuse Case. Retrieved June 2, 2020 from https://www.nolo.com/legal-encyclopedia/proving-damages-nursing-home-injury-abuse-case.html