Nursing home abuse is more common than you think. When there is abuse, it is usually very serious, which means there can be major financial implications for the abuser. That being said, averages can be very misleading. It is not recommended that you ever go off settlement calculators or averages in deciding whether to pursue a case or when setting your expectations. If someone you loved has been a victim of nursing home abuse, contact Walton Law immediately to get your questions answered and learn more about your legal options. Time is of the essence when it comes to Elder Abuse cases; nursing homes are notorious for trying to cover up their illegal actions. Nursing Home Abuse Case Value Roughly 95% of all personal injury and nursing home abuse cases settle, meaning there is a resolution to the case without going to an actual trial. Settlements are obtained when both parties agree to a specific amount of damages. Plaintiffs in these types of cases are often able to maintain some control of the outcome to avoid the risk of trial. However, if the parties are unable to reach an agreement the case proceeds to a trial, which comes with its own advantages, such as having a jury hear and decide on the case. Every case is unique to the individual as is the neglect that took place. Additionally, every settlement payout is also somewhat limited by the defendant’s solvency and overall strength of the case. This is why it is always best to talk to an experienced nursing home abuse lawyer about the value of your potential case. A study published by Health Affairs found the average amount in paid nursing home abuse cases across all of the United States is $406,000. But it is very important to point out that every case is unique, and this is not an indication of the value of any given case. Here’s a look at some of the other interesting points to come out of this peer-reviewed study:
- Children of nursing home victims were the main initiators of abuse cases;
- Florida and Texas had the two highest recovery amounts compared to all the other states; and
- 17% of cases included punitive damages. This figure is almost double that of the average medical malpractice settlement amount.