What Kind of Nursing Home Neglect Settlement Can I Expect?

Nursing home neglect occurs when a resident of a facility does not receive the proper care and it results in physical injury, emotional harm, or even death of the resident. According to the National Council on Aging, up to 5 million older Americans experience abuse every year. Many of those people live in nursing homes. Fortunately, there is a legal remedy to get justice for your injured loved one: a nursing home neglect lawsuit. Often, these lawsuits result in what is called a “settlement.” Here is what you can expect when you receive a nursing home neglect settlement.

What Is a Settlement? 

You might have heard about a “settlement,” but be unsure about what it exactly describes. A settlement is an amount that the parties agree for one side to pay and the other to accept so that the parties can avoid the judgment of a judge or jury. Generally, one party will agree to a settlement because they believe that it is likely they will lose in court. Therefore, they agree to pay before going to court. Settlements sometimes are for less money than what plaintiffs are asking for in the lawsuit. 

It is important to note that once you accept the settlement, that is it. You accept the money in exchange for no longer bringing a lawsuit. The parties will agree to stop litigating the matter in court. This is why it is important that you understand the terms of the settlement and how much you will receive before you sign. It is highly advised that a seasoned nursing home neglect attorney help you negotiate the settlement and explain the settlement to you before you sign anything.

Factors That Affect Your Settlement 

There is no standard amount of money that is issued in a nursing home neglect settlement. Sometimes, families of loved ones neglected in a nursing home get blockbuster settlements. Other times, the settlement is far less. This is because each case is different, and various factors will enter into this amount. Here are some of the most common factors. 

Extent of the Injuries

Hopefully, your loved one has not suffered any significant injuries. However, the amount of money recovered typically correlates with the severity of the injuries. If a nursing home resident was neglected and suffered from bedsores, this is unconscionable. Still, it is not as severe as a resident breaking a hip. The type and severity of the nursing home injury will affect what you ultimately recover.

Weight of the Evidence 

The nursing home is likely to settle with you if there is strong evidence. What is considered strong evidence depends on the case. If you have great documentation, statements, and other proof, then you have a strong case. Defendants will settle with you to avoid a higher jury verdict as well as expensive legal costs. However, if your evidence is weak, they might be more likely to take their chances. Filing a case as soon as you see signs of neglect or abuse and hiring an attorney who has handled these cases are the two most impactful things that you can do to maximize what you ultimately recover.

Choice of Attorney 

Who you pick to represent you in this matter really does make a significant difference to the outcome. Just because someone says that they can help you with nursing home neglect cases does not mean that they should be retained as your attorney. The attorney you select should not just be someone who knows about the law regarding nursing home neglect but someone who has represented families and had success in getting settlements and verdicts in nursing home neglect cases.

Will the Nursing Home Settlement Be Taxed? 

A nursing home settlement generally will not be taxable. If damages are awarded, the damages that are characterized as compensation for injuries suffered will not be taxable. Punitive damages might be taxable. 

How Long Will It Take For Me to Get a Settlement? 

This, again, depends on the specifics of your case. Generally, this process will take several months. There will typically be a long and detailed investigation into the nursing home’s conduct to convince the other side that they would likely lose in court. Sometimes, the other side will decide on a settlement right away. Other times, there will not be an agreement until the eve of trial–meaning that it may be months or years of investigation in lead time.  

Is There a Time Limit For Me To File a Nursing Home Neglect Lawsuit?

Yes, there is a timeline in place that affects if you can recover. This is referred to as the statute of limitations. This means if you do not file the lawsuit in time, then you cannot recover anything for the injury. Each state has its own deadline for when nursing home neglect cases must be filed–be sure to consult with an attorney as soon as possible to determine the time limit. In Illinois, the time limit is two years. It is imperative to contact a nursing home neglect lawyer as soon as you recognize the injury. This will prevent you from missing the deadline, and it will give you a better chance of recovery since you might be less likely to get as much evidence as you would if you filed immediately. Records, people’s recollections of events, etc. may diminish as time goes on. 

Call a Seasoned Nursing Home Neglect Attorney

Nursing home neglect is a horrible thing for a loved one to suffer from. Although money for the pain and injuries does not do anything to erase the trauma they have suffered, it is one step towards helping your loved one and family move forward. A seasoned nursing home neglect attorney will maximize your recovery and hold those who are responsible accountable. Contact us for assistance.