When a family brings a loved one to a nursing home, they are placing an immense amount of trust in the long-term care facility and its staff to provide exceptional care and attention, as well as dignity and respect. When this trust is broken, and an elderly individual suffers a significant injury, psychological abuse, or even death, the nursing home, its staff, and other third parties deserve to be held fully liable to the extent of the responsibility.
If you are considering filing a lawsuit for nursing home abuse or neglect, you may be wondering how much your case may be worth. Unfortunately, settlements and jury awards vary substantially from case to case, depending on a number factors. While the worth of a case is highly variable, as experienced nursing home lawyers we can explain many of the key elements and variables that will likely have a bearing on the potential damages to which your loved one or and your family may be entitled.
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The Factors Often Used by Jurors to Determine Compensation in Nursing Home Injury, Abuse, and Neglect Cases
While the facts of each case are different, the factors that often impact the value of a nursing home injury or wrongful death case include:
- The Severity of An Injury and the Associated Cost of Treatment. Did your loved one suffer bedsores because they were not moved frequently enough? Did they fall and break a hip? Did they die due to nursing home negligence? The severity of an injury directly affects the medical care required to treat a condition, and consequently, the case’s value. Current and future medical treatment (such as hospitalizations, surgeries, rehabilitation, prescription medications, physician visits, hospice care, etc.) are typically considered when calculating damages.
- The Extent of Pain and Suffering. Pain and suffering are non-economic damages that include the actual degree of pain suffered by a resident, including psychological and emotional distress, anxiety, post-traumatic stress syndrome, fear, and mental anguish. Placing an estimated value on such damages can be challenging, but we regularly consult with experts who are highly experienced in quantifying pain and suffering both in settlement negotiations and at trial. Additionally, pictures of injuries and witness testimony will also be extremely valuable in conveying the degree of pain and suffering incurred.
- Punitive Damages. When nursing home staff intentionally or recklessly cause a patient harm, a court may find that punitive damages are applicable. Unlike “regular” damages which are done to compensative victims for medical expenses, pain and suffering, and similar damages, punitive damages are done solely to punish the wrongdoer, and to discourage others from committing similar acts. Examples of conduct that may lead to punitive damages include physical and sexual abuse. The key for obtaining punitive damages is to show that the nursing home engaged in some pattern or acts of outrageous and extreme conduct or indifference. As experienced nursing home abuse and negligence lawyers, we can assess the facts of your case and provide guidance as to whether you may be entitled to seek punitive damages.
- Evidence. Without evidence, judges cannot lawfully order a party to compensate a victim for damages. Thus, it is critical to conduct a robust investigation. At Friedlander & Mosher, P.C., we thoroughly investigate each case, meticulously collecting evidence to substantiate maximum liability.
- The Financial Resources of the Nursing Home and the Availability of Insurance. Many nursing homes are owned by large corporations that have significant assets and insurance. Other nursing homes are small and independently run, and their assets and insurance may be significantly limited. Assuming that causation and injury can be proven, the availability of assets and insurance may affect the amount that is ultimately paid for injury or wrongful death.
How Much Does A Nursing Home Attorney Cost in New York?
At Friedlander and Mosher, P.C., we represent all nursing home injury clients and the families who save suffered the death of a loved one on contingency, meaning that we are only entitled to a fee if compensation is recovered through a settlement or jury award. Further, we advance litigation expenses while a case is ongoing (typically fully covered by a settlement or damages awarded).
We Invite You to Call Us for a Free Case Evaluation Today
Individuals represented by counsel generally receive settlements over 300% higher than victims who self-represent. Thus, it is advisable to consult with an experienced New York nursing home attorney before accepting any settlement offer.
At Friedlander and Mosher, P.C., we will evaluate the facts of your case, explain your legal options, and tenaciously fight in seeking the maximum compensation possible if we serve as your attorneys. Call today to schedule a free consultation.
