Average Payout for Broken Hip in a Nursing Home

The most common causes of hip fractures in nursing homes are falls. Falls are typically caused by accident hazards in the nursing home area and the lack of adequate supervision.

Slippery floors, poorly lit areas, and failure to provide necessary mobility aids like walkers or handrails are common accident hazards.

Many nursing homes are understaffed, which poses an additional hip fracture risk. Overworked employees often cannot meet residents’ needs, help them walk, go to the restroom, or get in and out of bed. 

If a loved one suffered a hip injury in a nursing home due to inadequate care, you may have the right to financial compensation. While each case differs, we will explain the factors affecting the settlement you can expect, average settlement amounts, and the benefits of legal action. 

Factors Affecting Payout Amount

Your hip injury settlement amount will depend on several factors, including injury severity, the cause of the accident, and the level of damages the injured party has suffered. When you file a personal injury claim for the hip fracture, your legal team will explain how each factor may apply in your case. 

Severe Hip Injuries

The severity of the hip injury significantly affects the payout amount in personal injury claims, particularly when there are complications or long-term effects. Essentially, the more severe the injury, the higher the amount.

The extent of the fracture is the first factor to consider. A simple fracture may result in a lower payout compared to severe injuries that require hip replacement surgery or multiple other procedures.

Complications such as sepsis or blood clots make recovery even more difficult, and in some cases, they may lead to the resident passing away. In elderly residents, hip injuries result in immobility, which can cause bed sores or pneumonia, increasing the patient’s suffering as well as medical expenses. 

Long-term effects such as chronic pain, reduced mobility, or permanent disability may also affect the settlement amount. They increase non-economic damages, including compensation for pain, suffering, and loss of enjoyment of life.

Negligence

Sometimes, hip fractures occur because nursing homes fail to carry out their duty of care for their residents. We may talk about negligence if there’s a direct link between the facility’s actions or inactions and the harm the resident suffered. If the level of negligence is more severe, the facility will have to pay a higher amount. 

Here is how negligence can influence the hip injury settlement amount:

• Severity of negligence – Gross negligence, where the nursing home blatantly disregards resident safety (e.g., leaving a frail resident unsupervised), may result in higher compensation. Such cases can include punitive damages designed to punish the nursing home and deter similar behavior.
• Contributory negligence – In some cases, if the resident is found to have contributed to the incident (e.g., by ignoring safety advice or not using provided mobility aids), the compensation may be reduced. However, if the nursing home’s negligence is the primary cause, the amount could still be substantial.
• Systemic failures –  Nursing homes are legally required to fix deficiencies and improve their care to meet regulatory standards. If the fractured hip happened in a nursing home with a history of neglect, understaffing, or poor training, it may face larger compensation claims.

Medical Expenses

Medical bills affect the resident’s finances directly, and they’re one of the main factors determining compensation amounts. The compensation for medical treatment costs may include:

• The cost of surgical intervention—Most hip injuries require one or multiple surgeries. Compensation may cover emergency surgery expenses, anesthesia, post-operative care, and hospital stays.
• Rehabilitation – Residents often need extensive physical therapy and rehabilitation to regain mobility and strength. This can take months, and the cost of physical therapists, occupational therapy, and specialized equipment adds to medical bills.
• Ongoing care – For elderly individuals, broken hips can lead to long-term health challenges, such as chronic pain or mobility limitations, requiring ongoing medical treatment and pain management. In other words, the settlement of the broken hip injury will also have to consider future medical expenses. 
• Assistive devices—Hip fractures in the elderly often lead to permanent disability or reduced mobility, requiring devices such as wheelchairs. 

Lost Wages and Earning Capacity

Nursing home residents are retirees and out of the workforce, so lost wages aren’t irrelevant.

However, lost wages may be added to the hip injury claim if the carer had to take time off to care for the hip injury victim. This may include taking them to medical appointments, providing additional care, or finding new living arrangements for the injured resident.

The family member must demonstrate that their involvement was necessary due to the nursing home’s negligence and that it resulted in actual financial loss.

Pain and Suffering

Physical and emotional pain and suffering are critical factors in compensation for broken hip cases, particularly for elderly nursing home residents. Physical pain includes the immediate trauma of the injury, chronic discomfort during recovery, and complications like infections or immobility.

Emotional distress includes anxiety, fear of new falls, and the distress accompanying the loss of independence. With reduced mobility, many residents have to spend months in bed, missing out on social activities, which may also contribute to depression. 

Pain and suffering damages are calculated by examining the severity of distress and the length of the resident’s suffering. The longer and more severe the pain, the higher the broken hip injury settlement.

Average Payout Amounts for a Broken Hip Injury

Settlements usually range between $100,000 and $500,000, depending on the severity of the fall, medical costs, long-term care needs, and whether the nursing home’s negligence is proven. In cases of gross negligence, settlements can exceed $1 million.

National Averages

According to the latest CNA Aging Services Claim report, falls make up most of nursing home claims, and severe outcomes result in higher compensation amounts:

• The average settlement amount for falls in nursing facilities was $227,000.
• Failure to monitor a resident resulted in an average settlement of $228,000.
• 55.4% of fall claims resulted in death, with an average settlement of $262,000
• Falls that resulted in fractures resulted in $188,000 in compensation on average. [1]

State-Specific Averages

Depending on state laws and regulations, broken hip injuries may result in different state settlements. These factors affect how much compensation you can receive in each state:

• Damage caps – Dozens of states have caps on non-economic damages such as pain and suffering. Examples include California and Texas, which have caps on nursing home and medical malpractice damages, meaning you cannot receive more than the legally permitted amount for these damages.
• Negligence laws – States have different laws on negligence. In some states, if the victim is partially at fault, their compensation will be reduced, or they may be barred from receiving damages. 
• Jurisdictional precedents – New York and Florida have larger elderly populations that they seek to protect, and they have historically awarded higher settlements to deter nursing homes from neglecting and abusing residents. 
• Punitive damages—The way punitive damages are awarded also differs by state. For example, while California caps non-economic damages, it does not cap punitive damages. In contrast, some states, such as Nebraska, do not award punitive damages.

Legal Process and Timelines

Cases involving broken hip injuries may take several months to several years to settle. Most cases are handled outside of court and are typically brief, while cases requiring trials typically last longer. 

Filing a Claim

During the initial consultation, your personal injury lawyer will investigate your case, explain your rights, and evaluate it based on available information. 

They will gather evidence such as medical records, witness statements, and expert reports to build a strong case.

Your personal injury attorney will file a claim against the nursing facility if there’s sufficient evidence. 

Discovery Process

The discovery process includes exchanging, gathering, and discussing evidence. This may include requests for documents, such as medical records, incident reports, and facility policies.

Also, the process may include taking depositions (sworn testimonies) and calling expert witnesses. 

Settlement Negotiations

In most cases, personal injury attorneys negotiate the settlement with the nursing home’s insurance company, and there is no need to take the case to trial. Substantial evidence, an experienced attorney, and a nursing home concerned for its reputation (particularly in cases of extreme negligence) make the negotiation process easier for the family.

However, if the negotiations do not result in satisfactory compensation, the attorney will represent you in court and demand justice and fair compensation. 

Trial

A trial in a nursing home negligence case can range from 6 months to several years, depending on the case’s complexity, the court’s schedule, and the actions of both parties. Going to trial in a hip injury case is often seen as a last resort after settlement negotiations have failed.

Before the trial, your legal team will prepare for trial and develop a strategy to win your case.

During the trial, they will present evidence, interrogate witnesses, and advocate for your family member’s rights to adequate care and compensation. 

How a Specialized Nursing Home Lawyer Can Help You

If a loved one suffered a broken hip due to a fall accident, a specialized lawyer can help you hold the nursing home accountable for negligence and inadequate care. Specialized nursing home negligence lawyers have the experience, expertise, and negotiation skills to handle the case quickly and successfully. 

Legal Expertise

If you decide to take legal action against a nursing home, a specialized lawyer can offer you expertise, guidance, and compassion throughout the process. They have the resources to do so, including access to expert witnesses such as medical professionals.

Negotiation Skills

A lawyer will have the proper negotiation skills to ensure your compensation claim covers all the damages, including medical expenses ranging from surgery to rehabilitation, non-economic damages, including pain and suffering, and, in some cases, punitive damages. 

Their experience enables them to navigate complex discussions, counter low offers, and identify when to push for more or accept reasonable terms. 

Advocacy

Hip injuries harm thousands of nursing home residents each year, and legal professionals are crucial in advocating for their rights. They push nursing homes to do better and deter others by advocating for maximum compensation.

With their litigation experience, they can represent you in court and prevent the nursing home and the insurance company from escaping justice. 

Secure Expert Legal Representation 

Through compassionate, expert service, Nursing Home Law Center has helped thousands of families across the country and recovered millions for them and their loved ones.

If you need immediate help, call us at (800) 926-7565 to arrange a consultation with an attorney, or contact us through our online form. The consultation is free of charge and will help you understand your rights and the potential for filing a personal injury claim. 

References: [1] CNA Aging Services Claim report