The amount of money someone receives from a nursing home abuse settlement depends on the elements of the case. Some of these elements include the type of injury sustained due to bad nursing home care, its severity, and the laws of your state. However, understanding what goes into establishing a starting point can be helpful.
If you have specific questions about a potential settlement for elder abuse in a nursing home, contacting a nursing home abuse lawyer about your claim provides clarity and insight.
Types of Compensation in a Nursing Home Abuse Settlement
Specific guidelines determine the types of compensation available in a nursing home abuse settlement. State laws and the severity of your loved one’s or family’s losses affect what you can reasonably request in a nursing home abuse settlement.
When you hire a nursing home abuse lawyer to negotiate on your behalf, he or she looks for any evidence that asserts your rights to compensation.
Your lawyer may request the following types of compensation:
- Medical care and prescription drug expenses
- Physical and psychological therapy
- Financial restitution, for funds misappropriation matters
- Physical pain and suffering
- Mental and emotional anguish
- Depression, anxiety, and PTSD
- Loss of life
- Loss of companionship
Additionally, your lawyer may move to negotiate other monetary awards. He or she will also track and monitor additional out-of-pocket expenses to include them in your claim.
Factors That May Affect Your Nursing Home Abuse Settlement
There is nearly an infinite number of factors that affect the value of your nursing home settlement. Therefore, you must talk with a nursing home abuse lawyer to more accurately assess it.
He or she will consider factors including:
- Your state’s laws: Each state has guidelines about what types of compensation you can request, as well as time limits. These timelines are called the statute of limitations, and they affect your ability to file a claim. For instance, your New York nursing home abuse lawyer will explain you have three years to sue a nursing home for negligence and abuse in a personal injury claim, but only two years for a wrongful death case.
- The evidence available: Evidence is critical to proving your or your loved one’s case. Without demonstrating that something happened, judges cannot lawfully order opposing parties to pay for it. A nursing home abuse lawyer will work toward meeting your burden of proof as you pursue compensation.
- The level of abuse: Depending upon the severity of the injuries, the level of violence can dictate the value of your nursing home abuse settlement. More severe injuries have higher medical costs and emotional losses. Therefore, the amount of your nursing home abuse settlement will requests reflect the level of abuse.
Hiring a nursing home abuse lawyer near you will help you understand the relevant laws that affect your nursing home settlement offer. It is helpful to gather existing evidence that supports your claim. Doing so gives your attorney a jumping-off point during your initial discussion and makes the process of filing a claim more efficient.
For a free legal consultation, call (800) 842-6336
Settling vs. Litigation in a Nursing Home Abuse Case
People often wonder if there is a difference between settling versus going to civil court in terms of how much you can expect to receive. Settlements work through negotiation talks, while civil litigation seeks court awards. Both avenues for compensation require a different approach and set of procedures.
Typically, a nursing home abuse lawyer will initiate a settlement with the nursing home’s insurer. If the results at this level prove to be unsatisfactory, then the next step is to petition the civil court in your state. From there, a judge or jury decides how much your case is worth.
Deadlines to File a Nursing Home Abuse Settlement Claim
Every U.S. state imposes a statute of limitations—or deadline—according to the type of case.. Most nursing home abuse cases fall under the doctrines of general personal injury, medical malpractice, or wrongful death.
Your attorney will help you understand the timelines. If you already know your state’s statute of limitations, and you missed the deadline, there are exceptions that some states follow that allow you to pursue a claim still. Contacting a nursing home abuse lawyer is the most practical way to determine if any exceptions apply to you.
Pintas & Mullins Law Firm Is Available to Answer Your Questions
If you have questions regarding a nursing home abuse settlement, contact Pintas & Mullins Law firm for more information. We are ready to answer your phone call 24 hours a day, seven days a week, to assist you in understanding your options. We work on a contingency fee, which means you pay nothing out of pocket and nothing upfront. We take our fee from your settlement.
You can receive your free consultation today by calling (800) 842-6336.