Nursing home cases are often the most grievous personal injury cases our law firm sees. Such cases often include acts of violence, negligent care, medication errors, bed sore, malnutrition, and dehydration.
One of the most common questions asked by victims of nursing home abuse and their loved ones to our attorneys is “what is the value of my case” or how much will my case settle for”. Each nursing home abuse case contains a set of factors which make it unique. The estimated calculation of each case varies based numerous factors including the severity of injuries, the age of the victim, the need for future medical expenses and rehabilitation care, level of pain and suffering and emotional distress.
A nursing home attorney is able to provide a client with a rough estimate of the potential value of a case via a thorough case analysis. Below is a brief description of several important factors an attorney analyses to determine the value of a case.
REAL NURSING HOME ABUSE SETTLEMENTS
- $7,120,000 — For a man in Kentucky after the nursing facility did not treat his complaints of arthritis.
- $4,500,000 — For an Oklahoma woman who got trapped in a walk-in freezer.
- $1,840,000 — California woman who suffered a hip injury that left her permanently disabled.
- $375,000 — For an Ohio man who nearly suffocated from trying to breathe from an expired oxygen tank.
- $250,000 — Massachusetts schizophrenic man choked on a foreign object.
- $65,000 — For a fall and fractured leg that resulted in that leg being amputated.
- $1,000,000 — For a woman in Maryland who died from an undiagnosed bleeding rectum.
- $1,000,000 — For a person in Mississippi who fell and later died of pulmonary embolus.
TYPES OF NURSING HOME NEGLECT
Basic Needs Neglect — This occurs when the nursing home neglects to provide food, water, or a safe and clean environment for their residents.
Emotional Neglect — When the elder resident is ignored, isolated, or accidentally snapped at by a nursing home staff, it can have severe consequences on the elderly person’s emotional psychology.
Personal Hygiene Neglect — Residents will require assistance for most, if not all, activity. This can include such things as laundry, cleaning, bathing, oral hygiene, and other forms of hygienic practice.
Medical Neglect — Nursing homes need to provide reasonable medical treatment. This can be in the form of attention, prevention, and medication for infection, bedsores, cuts, diabetes, arthritis, cognitive disease, and mobility concerns.
Factors in Determining the Potential Value of a Nursing Home Abuse Case
1. Severity of Injuries: Court determines the severity of injuries in personal injury lawsuit on past and future medical expenses. Such expenses often include hospitalization costs, revision surgeries, rehabilitation case, prescription medication costs, and doctors visits. Common injuries in nursing homes are medication errors, malnutrition and dehydration, nursing home bedsores, broken bones due to slip and fall accidents, and acts of sexual abuse and verbal abuse.
2. Level of Pain and Suffering – Emotional Distress: In the state of California juries allot a monetary value for pain and suffering based on a per diem calculation. For example, a jury assessed the daily recovery for pain and suffering of a nursing home patient suffering from severe bed sore at $750.00 per day, for a time period of approximately 600days. Thus the calculation for pain and suffering will be $750.00 is multiplied by 600 equaling $450,000.
3. Life Care Costs – Disability Expenses: All too often injuries to the elderly develop into chronic medical complications and disabilities. Life case costs including disability care can run into hundreds of thousands each year. Costs may include, round the clock nursing and medical care, physical therapy and rehabilitation, home care, and cost of transportation. In such circumstance, the average yearly cost life care is multiplied by the number of years a victim of nursing home abuse is expected to live. For example, the life care costs of a nursing home injury victims is estimated at $100,000 per year with an expected lifespan of 10 years equal to $1,000,0000.
4. Availability for Punitive Damages: Punitive Damages are awarded in an instance where a defendant showed either an intent to cause harm or acted in reckless disregard for the life, health, and safety of others. Punitive damages are intended to punish a defendant to such an extent so as to alter future coarse of action.
FREE SECOND OPINION: DTLA LAW Group
If you already have an attorney but are skeptical as to their work ethic or their estimate on the compensation you deserve, your best bet is to get a second opinion.
We at the DTLA Law Group will happily listen to the facts of your case and give you our opinions on your case: the strength of your evidence and the compensation we think we can win for you. We offer free second opinions and free legal consultation for all clients. You can sit down with one of our attorneys and they will listen to the facts of your case and give you their initial thoughts. This comes with no financial obligation and no cost to you.
We also offer the zero-fee guarantee. The zero-fee guarantee is our promise to you that we will use every available resource to prove your case, because you will only pay us under one circumstance: if we prove your case and get you the compensation you deserve. If we do not win, you do not pay for our services.
Experienced Legal Assistance: If you have any legal questions regarding nursing home abuse or injuries contact our law offices toll free (855)385-2529. All consultations are free of charge.