Nursing Home Abuse Compensation

Learn about nursing home settlements compensation. Contact the Phoenix nursing home abuse attorneys at Solomon Relihan and fight for justice for your loved ones.

Nursing Home Settlements: How Much Can You Expect in a Nursing Home Abuse Case?

When someone you care about experiences abuse, neglect, or harm in a nursing home environment, it’s important to seek justice for your loved one. This action can also help ensure it doesn’t happen to others. Unfortunately, elder abuse continues to be an issue in nursing homes throughout America and in Arizona.

According to the National Council on Aging, up to 5 million elder residents are abused in the U.S. each year, with approximately 1 in 10 Americans age 60 or older having experienced some form of abuse.

If a loved one has experienced abuse in a nursing home, he or she may be entitled to compensation for medical bills, financial loss, impact to mental health, pain and suffering. If that person has died due to abuse or neglect, his or her estate may be entitled to wrongful death damages.
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What Is the Average Nursing Home Abuse Case Settlement?

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Nursing home settlements for abuse typically compensate victims or their families for both economic damages and non-economic damages, including pain and suffering, emotional distress and a loss of enjoyment of life.

Determining the value of a nursing home abuse case involves evaluating several factors which are unique to each situation. According to a widely cited study in the journal “Health Affairs,” the average settlement for nursing home abuse in the U.S. in 2001 was $406,000. In 2024, that figure would be equivalent to $727,016. Because these cases are so complex and affect myriad parts of the victims’ and their loved ones’ lives, the nursing home abuse lawyers at Solomon Relihan typically see settlements upwards of $1 million and higher. Each case is unique and has its own value.

Seeking legal advice is critical to accurately assessing and pursuing appropriate compensation in nursing home abuse cases.

Nursing Home Abuse Settlements vs. Nursing Home Verdicts for Abuse

When seeking compensation for nursing home abuse, individuals may be faced with the decision of whether to settle or go to trial to obtain a verdict. A settlement involves an agreement between the victim (or their representatives) and the responsible party (or their insurance company), which often helps avoid a lengthy trial.

Settlements provide a quicker resolution and a guaranteed payout, and are negotiated by the parties. In a trial, a jury decides the verdict after listening to all the evidence presented at trial. While a trial can be more time-consuming and uncertain, it offers the potential for greater compensation, especially if punitive damages are awarded.

What are punitive damages? Punitive damages are additional compensation awarded separately from the event’s actual damages. These are typically awarded when it’s determined the defendant has acted in a particularly harmful way, such as with reckless or grossly negligent behavior. These punitive damages, awarded in addition to compensatory damages, are awarded to deter the misconduct from happening in the future.

The decision to settle or go to trial may depend on the specific circumstances of the case, the strength of the evidence, and the preferences of the victim and their legal counsel. Each option has its advantages and considerations.

A free consultation with nursing home abuse lawyers is the best place to start to learn which option may work best for you and your family based on the individual circumstances of the nursing home abuse case.
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Call the Phoenix nursing home abuse lawyers Solomon & Relihan today for a free case evaluation at 602.387.3000

What Is Nursing Home Abuse Compensation?

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Nursing home abuse compensation refers to the legal remedies and financial restitution sought by individuals who have experienced harm, neglect, or mistreatment within nursing home facilities. This type of compensation is designed to address the physical and emotional damages inflicted upon elderly residents of these nursing home facilities.

Compensation may include reimbursement for medical expenses, rehabilitation costs, and other financial losses incurred as a result of the abuse.

Who Can Receive Nursing Home Abuse Compensation?

Nursing home abuse compensation is available to individuals and/or their loved ones who have been subjected to abuse, neglect, or harm within an nursing home setting.

In cases where the victim is unable to pursue legal action on their own, their legal guardian, family member, or representative may act on their behalf to seek nursing home abuse compensation.
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What Do Nursing Home Abuse Lawsuits Cover?

Understanding the range of nursing home abuse damages available is crucial for victims and their families to ensure a comprehensive and just resolution of nursing home abuse cases. Victims may be entitled to recover various damages that address the physical, emotional and financial toll inflicted upon them.
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Nursing Home Abuse Medical Expenses

Victims who have suffered physical harm or health deterioration as a result of nursing home abuse are entitled to compensation for all related medical expenses. This includes expenses for hospitalization, diagnostic tests, medications, surgery, rehabilitation, and any other necessary medical treatment.
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Nursing Home Abuse Pain and Suffering

Victims of nursing home abuse may receive compensation for pain and suffering, which represents the emotional and psychological toll inflicted on them. While pain and suffering are difficult to quantify in monetary terms, seeking compensation for pain and suffering is critical to recognizing and validating the profound impact on a victim’s overall well-being. It also helps ensure nursing home abuse doesn’t happen again in the future.

In pursuing these damages, victims and their families typically seek not only financial compensation, but also seek punitive damage to hold those responsible accountable and make sure the same harm does not happen to anyone else.
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Nursing Home Wrongful Death Compensation

Nursing home wrongful death claims are a specific category of damages that can be pursued in cases where nursing home abuse and neglect results in the death of a nursing home resident. When a loved one dies due to the negligent or intentional actions of nursing home staff, management, or owners, surviving family members can seek compensation for this loss.

Wrongful death claims in nursing home abuse cases typically cover funeral and burial expenses as well as other financial losses directly related to the death. In addition, these claims may include compensation for the emotional pain and suffering experienced by the surviving family members.
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Nursing Home Abuse Disability

Nursing home disability compensation is an important facet of damages that may be sought in nursing home abuse cases where the surviving victim experiences physical or mental impairment as a direct result of the nursing home abuse. When nursing home abuse causes a resident’s health to deteriorate, resulting in a disability or disabilities that affect their daily life and functioning, nursing home abuse victims or their families may seek compensation to address these challenges.
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Nursing Home Abuse Punitive Damages

Unlike other damages which are intended to compensate the nursing home victim, punitive damages serve as a form of punishment for the responsible parties and are intended to deter similar misconduct in the future. In nursing home abuse cases, punitive damages may be awarded when there is evidence of willful misconduct, extreme negligence or a pattern of misconduct by the nursing home staff, administration, or owners.

Working with an experienced nursing home abuse lawyer can help increase the likelihood of uncovering patterns of misconduct and ensuring that negligence at nursing homes is addressed. With the right nursing home abuse lawyer team, victims and their loved ones can help ensure others are protected, as well.

Call Phoenix Nursing Home Abuse Lawyers Solomon & Relihan today for a free case evaluation at (602) 387-3000

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How Can You Get Nursing Home Abuse Compensation?

Securing nursing home abuse compensation involves several steps to ensure that victims and their families receive the justice and financial compensation they deserve. It’s important to document and gather evidence of the abuse including medical records, photographs, witness statements, and any relevant documents. Once evidence is gathered, it’s time to consult with an experienced nursing home abuse attorney who specializes in these types of cases.

The nursing home abuse attorney can guide victims through the legal process, help determine the appropriate damages to pursue, and navigate any potential challenges in filing a lawsuit against the responsible parties. It’s important to act promptly as there may be time limits on filing claims. Legal professionals can provide invaluable assistance in ensuring a thorough and effective pursuit of compensation.

Seeking Legal Counsel From a Nursing Home Abuse Lawyer

Seeking legal counsel from a nursing home abuse attorney is a critical step in the process of recovering compensation for nursing home abuse. An experienced nursing home abuse lawyer who specializes in elder abuse cases can provide invaluable guidance and support. Legal professionals can assess the strength of the case, help gather evidence, and give advice on the appropriate damages to pursue.

Nursing home abuse lawyers navigate the complexities of the legal system and ensure that all necessary steps are taken, from filing the initial complaint, to negotiating with opposing parties or representing the victims in court. Nursing home abuse attorneys are also adept at communicating with relevant authorities such as law enforcement and regulatory agencies, to strengthen the case. The nursing home abuse attorney’s expertise in these types of cases greatly increases the likelihood of a favorable outcome, whether it’s through nursing home abuse settlement negotiations or a nursing home abuse trial.

 

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Nursing Home Abuse Reporting to Authorities

While pursing compensation for nursing home abuse through legal channels is essential, reporting to authorities also plays a critical role in holding those responsible for nursing home abuse accountable and to protect the well-being of vulnerable nursing home residents. If you suspect or have evidence of nursing home abuse, contact local law enforcement and file a report with your jurisdiction’s adult protective services or elder abuse hotline.

Keep a record of all communications and follow up with authorities to track the progress of the nursing home abuse investigation.

Nursing Home Abuse Compensation FAQS

What types of compensation are available to victims of nursing home abuse?

Victims of nursing home abuse may be entitled to compensation that includes medical expenses, rehabilitation costs, lost wages, pain and suffering, disability-related expenses and, in cases of extreme nursing home negligence, punitive damages to hold those responsible accountable. If the resident has died due to abuse or neglect, his or her estate may be entitled to wrongful death damages.

How much compensation can I get if I sue a nursing home?

The amount of compensation in a nursing home abuse lawsuit varies based on factors such as the severity of the abuse, the resulting damages and whether or not punitive damages are awarded. Consult with an nursing home abuse lawyer to learn an estimate of how much you may be entitled to.

How long does it take to get nursing home abuse compensation?

Three things typically: determine the value of your nursing home abuse and neglect case.

  1. Was the staff negligent?
  2. Did their negligence cause injury?
  3. Did the injury cause serious harm or death?
What determines the value of my nursing home abuse case?

Nursing home abuse can result in physical and psychological trauma, leading to chronic health problems and emotional distress. More serious neglect and abuse can, and does, result in death.

What is the value of a good nursing home abuse case?

Nursing home abuse cases are frequently more than $1 million. The case can be much larger (several times that amount) if a jury awards punitive damages to punish the nursing home for outrageous behavior.

Who pays my lawyer’s fee and the costs my lawyer spends to get me a settlement?

At Solomon & Relihan, your lawyer is paid from the money you receive from the settlement. If the lawyer isn’t successful he doesn’t  get a fee or his costs reimbursed.

Will my case settle without going to court?

95% of all nursing home cases settle without going to court.

Call Us for a Free Case Review 602.387.3000

CONTACT USSolomon & Relihan

Our headquarters is based in Phoenix, AZ, but we serve communities across all of Arizona.
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Head Office:
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Phoenix, AZ 85015

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