As much as some people wish they could take care of their elders, sometimes the needs of someone's parents and grandparents become too great.
Nursing homes can take care of the elders when their needs go beyond what their families can physically do for them. Unfortunately, the people in these places do not always provide the care they should.
There's a plague of nursing home abuse cases in many places, and many older parents and grandparents are victims of it.
In cases of elder abuse in nursing homes, families have the option to settle out of court. Both defendants and plaintiffs often prefer it because they don't have to go through the hassle of a trial.
However, victims should only accept a settlement if it's the fair amount they deserve for their claims. On many occasions, it's not the case since insurance companies will try to pay as little as possible.
If someone's loved one suffered from elder abuse in a nursing home, they should contact a lawyer at Schuerger Shunnarah. The team of attorneys will go to war for their clients, so they'll passionately defend them in court and make sure they get the best results possible. They can also define what psychological abuse in a nursing home is.
Nursing Home Abuse Settlements Average
Nursing home abuse happens in Indiana and all over the country. Just like it is with most civil lawsuits, these cases often settle out of court.
No two cases are exactly the same, so nursing home abuse settlements will vary depending on the details.
Even so, the overall average of nursing home abuse settlements could provide people with some insight as to how much they could get if they file a claim.
Health Affairs conducted a survey, and the science-based, peer-reviewed journal article showed that the average nursing home lawsuit settlement was $406,000.
The number might've changed in time, and it may not be indicative of every individual case. However, with the help of nursing home neglect lawyers in Indianapolis, people can have a more accurate idea of how much they could get if they file a lawsuit.
It's safe to say that most nursing home settlements are substantial. In some cases, people have gotten more than 1 million dollars. Nonetheless, victims must prove negligence, which is one of the reasons why hiring an attorney is crucial.
Average Wrongful Death Settlement in Nursing Homes
Like any civil suit, a nursing home settlement will vary depending on the specific circumstances of the case.
It's worth noting that wrongful death (especially due to medical malpractice) settlements can be slightly higher than when it comes to general elder abuse because they involve a tragic death.
In wrongful death settlements, surviving family members will most likely get a substantial amount due to the suffering they've been through, especially if the deceased person was married.
The loss of companionship due to the death of a spouse is significant, and Indiana law is not capped for it.
Unfortunately, if the victim wasn't married and didn't have dependent children, nursing home settlements can only go to $300,000. Nonetheless, even with the cap, pursuing the wrongdoers and holding them accountable for their actions is worth it.
At the same time, it's crucial to remember that nursing home laws vary depending on the state. Therefore, victims' families should get all the information possible before filing a lawsuit.
Why Should the Victim's Family Hire a Lawyer?
Nursing home abuse attorneys are the best professionals to hire when it comes to elder abuse cases. They're specialized in Indiana law and understand the best actions to take depending on the person's individual circumstances.
When it comes to filing a nursing home abuse case, attorneys will get as much information as they can, and they'll use it to passionately defend their victims. Here are other reasons why they're the ideal professionals to hire:
Attorneys Can Help Victims Prove Negligence
If someone is a nursing home resident, they might be unable to defend themselves, especially if they're suffering from physical abuse and are in pain.
Nursing home abuse attorneys understand the pain the person is going through and want to help them and their families hold the abusive people accountable for their actions.
If a victim wants the best outcomes with their nursing home settlement amount, they should hire a lawyer because proving negligence might be tricky.
People have to demonstrate that someone else's careless or reckless actions or omissions caused the victim harm, pain, and suffering. Therefore, they have to put together a case that includes physical evidence, testimonies, and more.
Lawyers know victims can't do this by themselves. They will assess their needs, listen to their story, help them gather evidence, and put together a strong case for them to get the best results possible.
Lawyers Can Put Together a Case and Guide the Victim's Family
Another reason why families should hire a lawyer for nursing home abuse cases is that these legal professionals can guide them and answer any questions.
If their loved one is still in the nursing home, the family members may not know what to do or how to act. Lawyers will evaluate the situation and recommend top options depending on the case.
Sometimes, families are in another state while their loved one is in a nursing home, suffering elder abuse, in Indiana.
Indiana attorneys can physically talk to victims and gather information about what's going on, making sure they put together a sturdy case and get the best results for them.
Victims and Their Families Can Get Compensation for Their Suffering
Overall, the most relevant benefit of hiring a lawyer for a nursing home abuse case is that victims have a better chance of getting compensation for what they went through.
Elder people shouldn't have to suffer due to someone else's negligent, careless, reckless, and abusive actions. Unfortunately, they happen way too often in nursing homes.
Lawyers know about this, and at Schuerger Shunnarah, they're willing to go to war for their clients. It's the firm's motto, and attorneys take it seriously because they want justice to be served. They can help answer questions like, "What is the most common nursing home abuse?"
Types of Recoverable Damages for Elder Abuse
When it comes to nursing home settlement negotiations, people should raise all potential damages if they want to get the amount they deserve.
Nursing home residents might have trouble remembering some details about what has happened to them, but lawyers are patient enough to help them through the process and passionately defend them when the time is due.
Some of the damages the victim can raise when negotiating nursing home settlement amounts are compensatory and punitive damages.
Compensatory damages include all the out-of-pocket expenses that the person had to deal with as a result of nursing home negligence. Therefore, they include medical bills.
Sadly, many nursing home abuse victims suffer severe physical wounds that require treatment. At the same time, the mistreatment might exacerbate physical illnesses and cause them to require other forms of rehabilitation.
Medical malpractice can also happen, and it can seriously impact the victim's life too and hinder their overall capacities.
To prove this, lawyers will often rely on medical records, and sometimes they get them from the nursing facility itself while other times, they'll get an outside expert testimony to help the case.
Nursing home abuse sometimes includes damages to personal belongings and items too. Some staff members might intimidate patients and break or steal their things.
If a patient loses any personal belongings, that should be in the nursing home lawsuit settlement negotiations too.
Even though calculating an exact value can be challenging, the victim's pain and suffering should also be included. In many cases, patients not only suffer from nursing home abuse but are also unable to leave on their own, so they might experience severe psychological trauma.
In wrongful death cases, nursing home settlement negotiations might be different because the amounts a person can get also vary. To know for sure, a victim's loved ones should contact a personal injury lawyer.
How to Recover Damages
Recovering damages and getting a nursing home lawsuit settlement requires the person to prove negligence. Attorneys at Schuerger Shunnarah can help victims file a lawsuit and get the compensation their family needs.
Just as importantly, nursing home abuse lawyers will help hold the place responsible, which could prevent the issue from happening again.
Victims and their families can file a nursing home claim against the responsible staff and accuse them of neglect and abuse. In many cases, staff members might engage in these actions without the knowledge of the administration.
People can file a personal lawsuit against staff members for damages. However, the nursing home is often also responsible.
The fact that the nursing home was not aware of the abuse does not absolve them from liability. Employers are responsible for their employees' actions, and they might have to pay for them if the judge decides it.
Therefore, victims should always include the place in their nursing home abuse lawsuit since they have better chances of recovering damages.
Depending on the nursing home's business structure, people might also be able to sue at a higher corporate level.
In some cases, nursing homes are large corporations and have facilities in numerous states. If the business enacted negligent training or hiring policies, they may be responsible too.
Negotiating nursing home lawsuit settlements is not an easy job, and it's why going through the process is better with professionals. They'll know what to do and which actions to take depending on the severity of the abuse and the intricacies of the case.
Factors That Influence the Nursing Home Abuse Settlement Amount
Average nursing home lawsuit settlements can give people an idea of how much they could get, but victims should take these numbers with a grain of salt. Numerous factors can affect the case's result, such as the following:
The Severity of the Injuries
Naturally, graver injuries will grant people the ability to get a higher settlement. In this case, judges often consider the severity of the issue, how long it persisted, and the recovery time.
The Behavior of Nursing Home Employees
Staff behavior is also essential when it comes to calculating nursing home settlement amounts. If they left the person to anguish, treated them wrongly, or knowingly did them harm, the results of a case could change.
Proofs of Negligence
As mentioned, to get compensation, victims will have to prove nursing home negligence. If they are able to show evidence that their loved one was in the assisted living facility and sustained serious injuries as a result of some of the staff's actions, the amount they get might vary.
The Skill of the Victim's Lawyer
Hiring a skillful lawyer can make a huge difference when it comes to getting the best nursing home abuse compensation amount. Therefore, victims must make sure they choose top-notch professionals.
The Time Victims Take to File a Lawsuit
On occasions, victims take too long to file a lawsuit and believe they'll still be able to get the average settlement. It could vary, so they must always trust their lawyer when it comes to important decisions and timing.
What If the Person Died in the Nursing Home?
As previously explained, nursing home lawyers will handle wrongful death cases differently because they resulted in the loss of life. Here are two things to consider:
Proving Negligence Might Not Be Enough
In Indiana, proving that someone engaged in negligent actions is not enough to get a wrongful death settlement. Victims have to show evidence that their loved one died as a direct result of that behavior, which can be much more challenging.
Victim's Families Need a Lawyer
When it comes to wrongful death cases, victims should always get help from attorneys because they know Indiana law and will be able to make the best decisions depending on the specific circumstances of the case.
Final Thoughts - Hiring Specialized Legal Help
At Schuerger Shunnarah, lawyers are ready to go to war for their clients. If victims are suffering in a nursing home, they should contact the attorneys at the firm and get the help they need to file a claim and get a fair settlement.