Value of a nursing home abuse case

What is the value of a nursing home abuse case?

Nursing homes play a significant role in our society by providing care to elderly members in America. However, in many cases, nursing homes fail to perform their duty with due diligence and, as a result, cause harm to others. 

If you are a victim of nursing home abuse, or your loved one is a victim of nursing home abuse, you are entitled to pursue legal proceedings against the person or entity responsible for the abuse. 

This article will discuss the cases of nursing home abuses, the types of legal proceedings you can initiate against the wrongdoers, and the amount of compensation you can expect in cases of nursing home abuses. 

Types of nursing home lawsuits.

Nursing homes are bound by law to provide reasonable care to the elderly. If the nursing home fails to employ adequate staff, or the staff of a nursing home fails to perform their duties with due diligence and cause harm to others, or the staff of a nursing home causes intentional harm to residents, it will constitute a nursing home abuse. Depending on the type of abuse, you can initiate three types of lawsuits:

Contractual Breach 

The 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 fails to comply with the duty of care and perform their task with negligence or reckless behavior, it may cause harm to the residents. For example, the staff gives an overdose of a medication to a resident, a resident falls from their bed and incurs injuries, or a resident develops bedsores, etc. In these cases, the victims or their loved ones can bring a tort claim against the nursing home and claim compensation for the injuries caused.

Wrongful Death Claims

In some cases, the recklessness or negligence of the nursing staff may result in the death of a resident, termed wrongful death. For example, a resident fell and incurred brain injury due to staff negligence and succumbed to brain injuries. In these cases, the legal heirs of the deceased can file a wrongful death claim against the nursing home. 

Factors affecting the value of compensation awarded in nursing home abuse cases.

There is no standard amount awarded in the cases of nursing home abuses. Nevertheless, the following factors are relevant to determining the value of compensation awarded to the victim or their legal heirs:

Type of legal proceeding initiated against the nursing home

 As discussed above, the victim or the legal heir of a victim of nursing home abuse cases can initiate three types of legal proceedings, i.e., breach of contract, tort claim, and wrongful death claims. With this said, wrongful death claims get the highest compensation; and legal heirs are awarded millions of dollars in compensation. Similarly, tort claims also result in higher compensation awards. 

The lowest compensation is awarded in breach of contract cases, depending on the type of case they initiated.

Types of damages 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 victim or their legal heir as a result of the nursing home 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, a nursing home staff sexually abused a resident, so the court of law can impose a penalty on the concerned staff to punish the intentional harm caused. Similarly, other punitive measures may be awarded to prevent similar violations in the future.

Method of determination for compensation.

There are two methods to obtain compensation in nursing home abuse claims. 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. But, if both parties fail to reach any consensus, they may proceed to trial where the court will consider the facts of both parties and finally award compensation.

Although there is no standard value awarded to the victims of nursing home abuses, you can evaluate the expected amount by taking into consideration the relevant factors explained above. 

If you decide to go to a trial, you may be successful in obtaining reasonable compensation for the loss caused to you. The bad news is that it takes months and, in some cases, years to finally decide a case.

During this time, you may face financial restraints. In such circumstances, you can avail the opportunity of lawsuit funding for your nursing home negligence case

How pre-settlement funding can help.

Look into the benefits of pre-settlement funding and apply for funds at any stage of the litigation. 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.

About Baker Street Funding

Baker Street Legal Funding helps people achieve financial ease to realize their settlement success. Our legal funding products give out more than 34,000 clients fast access to tools so you can Get Your Legal Funds Now®. Baker Street Funding approval methods come with critical essentials for getting ahead, including higher settlement funding approvals in connection to thriving customer service of like-minded people that understand litigation finance. For more information, visit bakerstreetfunding.com/about/

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