How To Value A Nursing Home Abuse Case
Learning that a loved one has suffered abuse inside a nursing home is devastating. Nursing home abuse is inexcusable. The law recognizes this and allows victims and their family to file a legal claim for financial compensation. It is not uncommon for people to wonder how much their claim is worth after discovering the abuse. Unfortunately, there is no way to determine the value of any case without first examining the facts of the case.
A recent study conducted by Health Affairs found the average nursing home abuse case is worth $406,000. Still, there are many factors that go into valuing a claim. Below, our nursing home abuse lawyer in Tampa explains what these are, and how they will affect the value of your case.
Factors that Affect the Value of a Nursing Home Abuse Case
There are many different factors that will determine how much any nursing home abuse case is worth. These are as follows:
- History of abuse: If the nursing home has a prior history of abusing or neglecting their residents, the amount awarded will likely be higher than if the current accusation is the only against the nursing home. When nursing homes continue to abuse and neglect residents repeatedly, punitive damages are often available for this reckless and grossly negligent behavior.
- Medical expenses: Nursing home abuse causes serious injuries that require medical attention. You can include the cost of all medical expenses, physical therapy, medication, transportation to and from doctor’s appointments, and more in your claim.
- Location: Surprisingly, the location in which you file your claim may make a difference in how much compensation you receive. For example, claims filed in Texas and Florida are usually valued higher than in other parts of the country.
- Evidence: The more evidence you have to prove your case, the stronger your case will be and so, the more financial compensation you can collect. Evidence can include photos and videos of the abuse occurring, medical documentation, witness statements, and more.
Settling vs. Going to Trial
The amount of financial compensation you can receive after nursing home abuse may also depend on whether you settle your case or go to trial. The vast majority of nursing home abuse cases in Tampa settle. This is beneficial for victims because it allows them to receive the compensation they need more quickly. However, settlement amounts are generally lower than what judges and juries award during a trial. The average settlement amount is typically between $100,000 and $700,000.
Going to trial is riskier, because there is no guarantee what a judge or jury will award victims of nursing home abuse, or whether they will award anything at all. Still, when the insurance company covering a nursing home refuses to offer a fair settlement, trial may be the only way to claim the compensation you deserve. Damages awarded during a trial are typically higher than those obtained in a settlement, with the average value of a case being over $1 million.
Our Nursing Home Abuse Lawyers in Tampa Can Help You Claim Full Damages
If your loved one has been harmed in a long-term care facility, our Tampa nursing home abuse lawyer at Kohn Law can help you claim the full financial compensation you deserve. Our skilled attorney has the necessary experience to negotiate with insurers for a fair settlement, and to represent you in trial. Call us today at 813-428-8504 or contact us online to schedule a free consultation.
Resource:
healthaffairs.org/doi/abs/10.1377/hlthaff.22.2.219
