Nursing Home Abuse Compensation

Elder abuse is an epidemic in nursing homes. According to the World Health Organization, 64.2% of staff have admitted to perpetrating some form of nursing home abuse in the last year, putting millions at risk [1]. 

Sadly, only 1 in 24 cases of elder abuse are ever reported to the authorities, making it even more important that nursing home residents and their family members break the stigma and speak up [2]. Nursing home abuse settlements help compensate victims for their suffering and provide the necessary funds to recover. 

Settlements can incorporate numerous damages, and factors like severity and available evidence influence the amount available. Working with a nursing home abuse attorney can help you explore all your legal options and have the best chance of receiving compensation. 

Types of Nursing Home Abuse

Nursing home abuse cases can encompass several types of abuse, ranging from neglect to severe physical violence. The National Institute on Aging notes that most victims are women, but men can be targeted as well. Elderly people without a family member to advocate for them, as well as those with dementia, are more frequently victimized [3]. 

Physical Abuse

Approximately 9.3% of nursing home staff members admit to physically assaulting elderly residents [4]. This can result in serious injuries and physical pain for the nursing home residents, especially if they are in poor health. Examples of physical violence include hitting, slapping, pushing, or restraining the victim.

Emotional Abuse

Psychological abuse of an elderly resident is the most common type of nursing home abuse or neglect, reported by approximately 32.3% of staff members and 11.6% of older adults [5]. This can include yelling, name-calling, humiliating patients, or isolating them.

Neglect

Approximately 12% of assisted living facility or nursing home staff report perpetrating neglect [6]. Nursing home neglect occurs when a nursing home does not meet all the needs of its residents, including their nutrition, hydration, hygiene, medication, and proper supervision. 

For example, neglect can occur when there is insufficient staff to care for all residents, leading to unattended falls.

Sexual Abuse

This is the rarest form of abuse in nursing homes, occurring in approximately 0.9% of self-reported nursing home abuse claims [7]. However, due to the shame and stigma around sexual assault, these numbers may be low. This form of abuse can include unwanted touching, inappropriate comments, sexualized exploitation, or rape.

Financial Abuse

About 6.8% of elderly individuals report financial exploitation [8]. This can include stealing cash, illegally accessing bank accounts, misusing funds for the victim, or coercing residents to hand over their financial details. 

Who Can Be Held Liable?

Nursing home lawyers can hold individuals and organizations responsible for mistreating residents with a lawsuit. Potentially liable parties in nursing home lawsuit settlements include the following: 

• Nursing Home Facility – A nursing home abuse case implicates the facility because it means they were not appropriately monitoring their staff and residents for signs of abuse. Every nursing home needs to have policies in place that prevent elder abuse or neglect. 
• Individual Caregivers – Doctors, nurses, and nursing assistants must provide proper medical care to every resident. When they fail to offer competent care, they can be sued in nursing home abuse lawsuits.
• Management Companies – Many nursing homes and assisted living facilities are managed by corporations or attached to a healthcare system. These companies also share liability in a nursing home abuse case, as they must carefully monitor their facilities to ensure all residents are safe. 

Types of Compensation Available

A nursing home lawsuit settlement can include several types of compensation, called damages, which compensate the victim and their family for the pain caused by abuse. Working with an experienced lawyer on nursing home litigation can improve your chances of receiving fair compensation, as they can calculate damages on your behalf. 

Economic Damages

Economic damages cover hard financial losses resulting from the nursing home abuse. This can include the following types of damages.

• Medical Expenses – Any medical treatment the victim receives may be compensated in a personal injury lawsuit. This includes medical bills, therapy, medication, and doctor’s visits.
• Lost Wages – If the resident worked during the abuse, their lost wages can be considered. Their lost earning potential may also be considered in a wrongful death lawsuit.
• Out-of-Pocket Fees – If the victim needed to undergo therapy that wasn’t covered by insurance, a personal injury lawyer may be able to recover their expenses. A nursing home neglect settlement can also cover relocation fees if the resident needs to be moved to a new facility. 

Non-Economic Damages

Nursing home negligence or abuse can significantly impact a person’s quality of life. Personal injury attorneys can help calculate a financial sum for these damages and include them in nursing home settlements.

• Pain and Suffering – For nursing home settlements, this includes both the physical discomfort caused by the abuse as well as the emotional distress or mental anguish from being mistreated.
• Loss of Enjoyment of Life – Nursing home abuse settlements should also consider how neglect or abuse reduces a person’s quality of life. For example, a person who develops PTSD due to elder abuse and can no longer socialize should be compensated for this suffering.

Punitive Damages

Punitive damages may be awarded in nursing home lawsuit settlements but will not be included in settlements achieved through negotiation with the nursing home facility. These damages punish the defendant for egregious conduct beyond simple negligence. 

To receive punitive damages in nursing home lawsuit settlements, the lawyer must prove that the defendant acted with intent to harm or was extremely reckless. They may be more common in wrongful death settlements but are awarded at the jury’s discretion. 

Factors That Influence Compensation Amounts

According to the Health Affairs Journal, the average settlement agreement for nursing home abuse is around $406,000. However, nursing home abuse attorneys from the Nursing Home Law Center have achieved significantly higher settlement amounts. 

While average nursing home settlement amounts can estimate how much you may receive, your financial compensation will be influenced by factors like how long the abuse occurred, clear liability, events, and any state laws that cap settlement amounts. Average settlements do not guarantee you will receive this sum, as every nursing home abuse case is slightly different. 

Severity of the Psychological Abuse and Physical Abuse

Severe, long-term nursing home abuse will typically receive more compensation than a single incident of abuse. For example, if a nursing home resident were in the facility for several months and lost significant weight due to neglect, they could receive more.

Similarly, a wrongful death settlement, where it can be proven that abuse or neglect was the primary reason for the person’s death, will likely receive more compensation than a nursing home settlement where the person survived.

Liability and Fault

A nursing home abuse lawsuit requires that the lawyer prove liability, which can be shared between multiple parties through comparative negligence. This can include demonstrating how an individual caretaker violated standard care guidelines or how a nursing home facility did not follow up on potential signs of abuse.

Liability is proven through evidence, including witness statements, nursing home records, and inspection reports from state agencies. An attorney can help you find this information, which is not always publicly available. 

Evidence and Documentation

For nursing home abuse cases, the plaintiff and their attorney must gather evidence and show how it implicates a certain party. This can include medical records, photos, witness statements, incident reports, and expert testimony. 

The need for documentation is why it is so important to report a nursing home abuse case to the proper authorities as soon as possible. When you contact an attorney, they can help you find the relevant agency to report to. They will then open an investigation into the nursing home abuse or neglect, which provides documentation for a potential lawsuit. 

State Laws and Caps on Damages

In some jurisdictions, there are limitations on how much a victim can receive in a nursing home abuse settlement. These are typically caps on non-economic damages that can be recovered, like pain and suffering or loss of enjoyment of life. Generally, there are not caps on economic damages, as they can be substantiated through hard evidence like invoices. 

The Role of a Nursing Home Abuse Lawyer

Obtaining legal services from an experienced nursing home abuse lawyer is key to receiving a settlement. After receiving a free case review, your attorney will guide you through the legal process and negotiate with the nursing home on your behalf, helping you focus on recovery. 

Investigating the Abuse

The first step to taking action is to receive a free legal consultation, where your lawyer will decide what kind of case you have. A nursing home neglect settlement against a doctor for medical malpractice may look different than nursing home abuse cases that involve abusive assistants or nurses, making it crucial that lawyers consider these facets. 

To receive a nursing home abuse settlement, you must substantiate your allegations with strong evidence. A skilled nursing home abuse lawyer can access resources that may not be available to the average person, including finding experts who can provide their professional opinion on the case.

A lawyer will gather information about the case from state inspection reports, medical records, eyewitness testimony, and photos of the injuries. Based on the available evidence, they will create a narrative of the events and calculate damages, developing a strong case.

Negotiating Nursing Home Abuse Settlement

The average person may not be aware of what a typical nursing home abuse settlement includes or how much they may be able to receive. As such, insurance companies will lowball the victim and their family members, even for serious injuries or wrongful death.

A nursing home abuse lawyer will know what damages can be included and use evidence, such as medical bills, to substantiate their argument for certain compensation. Using this, they will submit a demand letter and begin the nursing home settlement process with the insurance company.

Representing You in Court

Many nursing home settlements are negotiated out of court. While a nursing home lawsuit is a matter of public record, nursing home settlements that don’t involve a lawsuit are harder for potential residents to access when choosing a facility.

Because of this, insurance companies will often offer a nursing home settlement to avoid going to court and damaging their reputation. However, if the nursing home lowballs you or refuses to negotiate, a lawyer can help you take legal action against them by filing a lawsuit.

Personal injury law is complicated; legal paperwork must be filed according to the jurisdiction’s rules, and many deadlines must be met to advance the case. A lawyer can help you manage all the paperwork, take depositions of witnesses, and represent you in front of a judge and jury, sharing your story for the court.

While the average nursing home lawsuit settlement is often higher than what can be achieved through negotiation alone, it is also more expensive and time-consuming. Your attorney can help you decide when to stop negotiating in a nursing home abuse case and file a lawsuit instead. 

Secure Expert Legal Representation! 

The Nursing Home Law Center is a leading nursing home abuse law firm fighting for the rights of elder abuse victims nationwide. We have achieved millions in nursing home lawsuit settlements for victims, ensuring they have the funds necessary to recover in dignity and comfort.

Our team works on a contingency fee basis, meaning that you owe us nothing unless we win your nursing home abuse case. We will meticulously investigate your case and ensure you have the best chance of financial compensation.

To schedule a free case review with a skilled nursing home abuse attorney, call us toll-free at (800) 926-7565 or use our online consultation request form. 

References: [1] World Health Organization, [2] US Department of Health and Human Services, [3] National Institute on Aging, [4]  World Health Organization, [5] World Health Organization, [6] World Health Organization, [7] National Center on Elder Abuse, [8] World Health Organization,