When victims learn about nursing home negligence cases, they rightfully want to know what their case is worth. Knowing how much you can sue for helps you decide whether to bring a case, what to expect, and how to evaluate any settlement offers you receive.
Of course, the answer to what your case is worth depends; various factors determine what a nursing home lawsuit case is worth.
When we meet with clients for the first time, we can’t predict the exact amount you will receive in compensation. Instead, we can give you a range of what a case is likely worth and the basis for our opinion. There are many factors that influence how much you can sue a nursing home for negligence.
Understanding How Much You Can Sue a Nursing Home for Negligence
You can sue a nursing home for your actual damages, including economic losses, and pain and suffering. The injuries and suffering endured by the victim, and the financial losses that result, form the primary basis of the claim’s value. In addition, some cases may qualify for punitive damages.
Other factors that may influence how much you can sue for are the strength of the legal claim and whether any statutory damages caps may apply.
Factors Influencing How Much You Can Sue a Nursing Home for Negligence
Many factors influence how much you can sue a nursing home for negligence:
Economic losses
Many different financial losses fall under the category of economic losses. These are direct financial losses that result from the harm that occurred. For example, if the victim needs medical treatment and mental health care, these expenses are economic losses. Medical care may be both immediate and long-term.
If a loved one must take time off to care for a family member, that may be considered an economic loss. Property damage may also be claimed. Economic losses can be calculated and included in the total case value.
Pain, suffering, disfigurement, and other non-economic losses
Nursing home abuse can be especially traumatic. Victims often experience intense physical pain and emotional anguish. They may suffer disfigurement, and they may not be able to walk or move about freely because of their injuries. Pain and suffering damages are typically awarded in proportion to the severity of the harm and what the victim endures.
Especially egregious conduct on the part of the nursing home
If the nursing home’s conduct was particularly offensive, how much you can sue for may increase significantly. Punitive damages may apply, which serve as a punishment and a deterrent to others for similar conduct. Statutory caps may limit the amount of punitive damages awarded.
The strength of the legal case
When the legal case is very strong, the victim may receive the total amount of compensation in all categories. However, if there are legal questions with the case, it may reduce the amount you can sue for. For example, if there are questions about whether the nursing home breached its duty of care or whether the breach was the cause of the injury, it may ultimately impact the amount the victim receives.
Whether any statutory damage caps apply
Statutory damages caps may apply in some nursing home claims. For example, if the claim is based on medical malpractice, there may be limitations on non-economic damages. If the South Carolina Tort Claims Act applies because the nursing home is a government entity, that may also cap the amount the victim receives. If a cap applies, the victim can pursue the amount that applies to their case, but not more than the total limit imposed by the law.
Contact Bobby Jones Law About Suing a Nursing Home for Negligence
The best way to understand how much you can sue for in a nursing home negligence case is to have a consultation about your situation. No two cases are alike. Your case may be worth more or less than average.
We can explore what your case may be worth and explain what factors may influence the case value. Then, we work to pursue your rights and take the necessary steps for you to receive compensation.
Contact us today for a personalized consultation about your case.
