Nursing homes play a significant role in our society by providing care to elderly members in America. These facilities are bound by law to provide reasonable care to senior citizens. However, in some cases, nursing homes fail to perform their duty with due diligence and, as a result, cause harm to vulnerable individuals.
When a nursing home employs inadequate staff or the staff of a nursing home fails to perform their duties with due diligence and neglects an elderly person, or the staff of a nursing home causes intentional harm to residents, it will constitute a nursing home abuse claim.
This article will discuss lawsuits involving nursing home abuse, the types of legal proceedings you can initiate against the wrongdoers, and the amount of compensation you can expect from your claim.
Types of nursing home lawsuits
Depending on the type of abuse, you can initiate three types of lawsuits:
Contractual Breach
Nursing homes have contractual obligations according to which they have to employ qualified staff. Similarly, a contract may provide a specific number of employees employed by the nursing homes. If the nursing home fails to comply with its contractual obligation and, as a result, causes harm to the residents, they can bring a claim for breach of contract.
Tort Claims
Nursing homes have a duty of care to ensure reasonable care of the residents. If the staff performs their task with negligence or reckless behavior, it may cause harm to the residents. For example, the staff gives an overdose of medication to an elder resident, a resident falls from their bed and incurs injuries, or a resident develops bedsores, etc. In this case, you or your loved ones can bring a tort claim against the nursing home and claim compensation for the injuries caused.
Wrongful Death Claims
A nursing home neglect or recklessness performed by a nurse can result in the death of an elder loved one, which would constitute a wrongful death. Various studies show that senior citizens who get abused run twice the risk of dying than those who have not suffered from nursing home abuse. Furthermore, no matter the intensity of the abuse or neglect, it can lead to serious physical injuries, emotional harm, and even death. For example, if a resident fell and incurred brain injury due to staff negligence and succumbed to brain injuries, the legal heirs of the deceased can file a wrongful death claim against the nursing home.
Who gets compensated the most in elder abuse cases?
Although there is no standard compensation amount for cases of nursing home abuse, the following factors are relevant to determining the value of compensation you can get:
Type of legal proceedings initiated against the nursing home is the breach of contract, tort claim, and wrongful death claims. With this said, wrongful death claims get the highest compensation, and legal heirs can be compensated millions of dollars for the case. Similarly, tort claims also result in higher compensation or awards.
The lowest compensation is awarded in breach of contract cases, depending on the type of case you initiate.
What types of damages are taken into consideration?
There are three types of damages awarded in nursing home abuse cases:
- Economic damages. It refers to the economic loss or financial liabilities incurred to the plaintiff or their legal heir due to the negligence of the nursing home—for example, the medical bills or the money stolen from the resident.
- Non-economic damages. It refers to the non-monetary damages, such as the pain and suffering faced by the elderly victim or their legal heir as a result of the abuse.
- Punitive damages. It refers to the damages imposed by the court of law to punish the wrongdoer for the harm caused to the plaintiff. For example, when a nursing home staff sexually abuses a resident, the court of law can impose a penalty on the concerned staff to punish the intentional harm caused. Additionally, other punitive measures may be compensated to prevent similar violations in the future.
What methods of compensation are available in elderly home abuse lawsuits?
There are two methods to obtain compensation for nursing home abuse lawsuits. First is the settlement, in which both parties to the case settle their case before going to trial. In these cases, the defendant agrees to pay a specific amount to the plaintiff.
However, if both parties fail to reach any consensus, they may proceed to trial, where the jury will consider the facts of both parties and finally award compensation. If you decide to go to a trial, you may successfully obtain reasonable compensation for the loss caused to you, or you can lose your case. Litigation can also take years to be decided on trial.
How pre-settlement funding can help.
Although there is no standard compensation amount for elderly victims of nursing home abuse, you can evaluate the expected amount by considering the relevant factors explained above.
If you have a pending lawsuit against a nursing home facility and need money to fix your financial situation before your settlement, you may be able to qualify for a lawsuit advance for your nursing home abuse lawsuit loan.
Look into the benefits of pre-settlement funding and apply for an advance at any stage of your lawsuit. If your application is approved, you will receive funding within 24 hours or less to pay your bills and other expenses and to continue your legal battle at peace.
Learn more about lawsuit funding or apply today.
