One in 10 seniors in South Carolina reports being mistreated, and many of these seniors are victims of nursing home negligence.
These claims may be resolved by settlement or trial.
Bobby Jones Law wants you to understand nursing home negligence lawsuit settlements.
What Are Nursing Home Negligence Settlements?
Nursing home negligence settlements are resolutions to claims of nursing home wrongdoing. A settlement resolves a claim that the home created an unreasonable risk of danger and harm to a person. Typically, a settlement pays the victim compensation and ends the case.
Why Settle a Nursing Home Negligence Lawsuit?
There are several reasons that you may want to settle a nursing home negligence lawsuit.
- You know exactly what compensation you’ll receive in your case.
- There’s no risk that you receive nothing at trial.
- Usually, settlements are faster than trials.
- A victim may not want or be able to participate in a trial.
- Settlements can save trial expenses like expert witness costs and exhibit preparation.
- Settlements can be flexible. You may have more say in the exact terms of a settlement than you would have with a trial judgment.
Note: A settlement is not appropriate in every case. An attorney can advise you on whether to accept a settlement offer or proceed to trial. You may choose how to resolve your case.
What Is Included in a Nursing Home Lawsuit Settlement?
A nursing home settlement includes:
- Economic damages—medical bills, physical therapy, incidental expenses, funeral costs, and other direct financial losses
- Non-economic damages—pain and suffering, anguish, mental injury
- Punitive damages—rarely awarded but may be claimed if appropriate
- Terms of payment—how the award will be paid
- Specific actions—things the nursing home must do or not do going forward
- Resolution of claims—a statement that the resolution resolves all issues
Each settlement is unique. As you negotiate your settlement, your attorney can guide you through what to include and the language to use in the agreement.
Purpose of a Settlement for Nursing Home Negligence
A lawsuit is a dispute—the plaintiff says that a legal wrong occurred, and the defense can fight the claim. If the parties don’t settle, the case proceeds to trial. The purpose of a settlement is for the parties to decide the result rather than leave it up to the judge or jury.
Nursing Home Negligence Settlement Amounts
Victims need to understand a nursing home negligence settlement amount. No attorney can promise results, but they can explain what your case may be worth and what factors impact the amount.
Average settlements, largest amounts
You may look for average settlements to assess your case. Each case is decided on the individual merits. You may receive more or less than average.
Because settlements often remain private, the largest settlements aren’t always known.
But there are some examples. Four nursing homes in New York paid $45 million to settle claims that included understaffing that impacted resident care.
Whether a settlement is average or large depends on several factors. Regardless, every victim deserves justice.
Factors Affecting the Amount of a Settlement
What factors influence nursing home neglect settlement amounts?
- The strength of the case—available evidence and the likelihood that the nursing home would be found responsible
- Amount of damages—the more serious the losses and suffering, the greater the award of compensation
- Procedural strength—whether there are procedural challenges in admitting evidence if the case were to go to trial
- Ability to testify—the victim’s willingness to take the case to trial and their ability to testify, availability of other witnesses
- Punitive damages—whether punitive damages may be claimed in the case
- Collecting compensation—through insurance policies and nursing home assets
Ask an attorney for a personalized evaluation of what your case may be worth. Bobby Jones Law is taking new cases now.
How Do You Get a Nursing Home Settlement Amount?
Consult an attorney
You may have legal representation. Start by contacting an attorney and ask them to explain how to maximize the amount that you receive.
Build your case
You must prove your right to compensation. Witness testimony, medical information, employee records, photographs and videos, inspections, and accident reconstruction are types of evidence that may be important in a claim.
Pursue your case
File your case in the appropriate court and follow the procedural steps to proceed.
Preparing a strong case and pursuing it aggressively can prompt the defense to enter settlement negotiations in good faith.
Negotiate your settlement
A fair settlement is the result of strategic negotiation. Negotiations can happen through guided mediation, or your attorney may discuss the case with opposing counsel.
Proceed to trial
If you are unable to settle, you have the right to go to trial. Your attorney presents your case and makes arguments on your behalf.
Understanding the settlement process
Remember, the defense wants to pay as little as possible. A settlement is an agreement, but it doesn’t mean the defense is happy.
Building a strong case and pursuing it aggressively puts you in a strong position to resolve. You may have legal representation from an attorney to balance the many considerations that are important in pursuing your settlement.
How long does it take to get a nursing home lawsuit settlement?
It can take anywhere from several weeks to a year or more to reach a nursing home lawsuit settlement. It depends on how complex the case is and how great the damages are. Fast is not always best. An attorney can help you balance the need to process your case in a timely way and the need to fully pursue justice.
Can you get a settlement for a nursing home wrongful death?
Yes. Nursing home wrongful death claims can result in settlements. A wrongful death claim may also be resolved at trial.
Talk to a Lawyer
Are you trying to understand nursing home lawsuit settlements? Attorney Robert “Bobby” Jones represents clients in nursing home negligence claims. See how a lawyer can help. Call or message us now.
