If your loved one has been the victim of nursing home abuse, your family may be entitled to financial compensation. Many clients ask upfront how much they may be able to get in a nursing home abuse settlement. Answering the average settlement in any type of case is difficult for any lawyer. All a Greenville nursing home abuse attorney really could explain are the concepts behind personal injury damages and the promise to fight for every penny that you deserve.
Call the Dan Pruitt Injury Law Firm to schedule a free consultation to discuss your potential nursing home abuse case.
Your Nursing Home Abuse Settlement Depends on Your Specific Factors
In reality, there is no “average” settlement in a nursing home case. Each case stands on its own, with its own specific and unique factors. Your loved one could have suffered greatly because of their injury, making your settlement worth much more than average.
If you are focusing on an average number, you may leave money on the table. You may receive a settlement offer that you think is good because it is higher than what you see as average, not knowing that you could have gotten much more.
The Five Types of Nursing Home Abuse
Nursing home abuse and neglect affect a significant number of residents and their families. Approximately 1.3 million people are living in nursing homes. In 2017, 201,000 nursing home abuse complaints were filed with the National Ombudsman Reporting System. Thus, nearly one in every six nursing home residents will report abuse or neglect in a given year.
Nursing home abuse can take on a number of forms, including:
Potential Lawsuits for Nursing Home Abuse
Your family could file a personal injury lawsuit if your loved one was injured. If your loved one died from nursing home abuse, there are two types of cases that your family could file:
- A wrongful death action
- A survival action for the harm done to the deceased person before they died
Damages in a Nursing Home Abuse Lawsuit
In South Carolina, the estate executor would file both actions simultaneously. Wrongful death damages measure the family’s loss. Since there are no lost wages to account for, the settlement would reflect the loss of what the deceased person meant to the family. If your loved one was younger, your family gets even more, considering their untimely death and what your family lost.
Damages in a survival action (or a personal injury lawsuit filed while your loved one was still alive) would include the following:
- Medical costs to treat your loved one’s injury
- Pain and suffering
- Emotional distress
- Embarrassment and humiliation
The settlement amount would reflect what your loved one has endured. For example, if they died after a particularly long and painful illness resulting from protracted neglect, your family could get more pain and suffering damages. The same thing goes if they were subject to a brutal and heinous sexual assault.
Why You Need an Attorney for Your Nursing Home Abuse Case
The most critical thing in your nursing home abuse case is to have an attorney who knows what your case is worth. The nursing home may be happy to offer you a quick settlement so they can settle your case for pennies on the dollar.
Your lawyer’s knowledge and experience would guide them as they estimate the value of subjective elements of your damages, such as pain and suffering. They may consult with medical experts to understand exactly what your loved one was going through because of the abuse and neglect.
How Long Will the Nursing Home Abuse Settlement Take?
It could take a fair amount of time to negotiate a settlement in your nursing home abuse case.
Again, it is hard to set any expectations because each case stands on its own. The real answer to the question is that your case should last as long as necessary for you to get every dollar that you deserve. If you reach a quick settlement, you may not have gotten enough money for your case. Oftentimes, it takes a tough fight for the nursing home to agree to pay what you deserve.
You may need to go through much of your legal case before the nursing home decides that it needs to get serious about settling the case. They may sit back and wait to see what kind of case you can develop during the discovery process.
Once they realize that you have the evidence that you need to hold them responsible, the nursing home may decide that they will do what it takes to keep the case from going to a jury. If not, they could be subject to punitive damages for severe negligence.
Contact a Greenville Nursing Home Abuse Attorney Today
To learn more about nursing home abuse compensation, contact the Dan Pruitt Injury Law Firm in Greenville, SC today. You can and should hold the nursing home that harmed your loved one accountable for what they did. Not only could it result in financial compensation, but it could mean that others will not go through what your loved one did.