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, an dehydration.
One of the most common question asked by victims on 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.
Factors in Determining the Potential Value of a Nursing Home Abuse Case
1. Severity of Injuries: Court determine 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 bed sores, 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 years. 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 life span of 10 years equal to $1,000,0000.
4. Availability for Punitive Damages: Punitive Damages are awarded in 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 damage are intended to punish a defendant to such an extend so as to alter future coarse of action.
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.