Losing a loved one is often painful, especially if the person dies in a nursing care facility because of mistreatment and neglect. When this happens, it will be treated as wrongful death, and you have the right to sue the nursing home. Hiring an experienced elder abuse attorney will help you and your family obtain monetary compensation and hold the nursing care facility accountable.
Below we look into how a nursing home settlement provides justice and compensation to those affected by elder abuse and how you may be able to pursue the payment with an attorney’s help in Queens, NY.
What Is A Nursing Home Abuse Settlement?
A nursing home settlement is a legal agreement between those filing wrongful death lawsuits and those being sued. Often the plaintiff will receive monetary gains for the following:
- Psychological suffering
- Burial expenses
- Lost remunerations
- Nursing bills
- Punitive compensation for the wrongdoing committed by the nursing home facility
What is a Wrongful Death in a Nursing Care facility?
A wrongful death case is a lawsuit that enables you, the surviving family member, to get justice on behalf of a deceased loved one who died due to negligence, violence, or mistreatment in a nursing home facility.
While nursing care wrongful death lawsuits may not revoke the suffering of losing a close family member, they can assist you, and your kin covers specific costs like medical expenses and funeral charges. In addition, a wrongful death lawsuit will make you have closure since the nursing home will be financially liable for your loved one demise.
Causes of wrongful death to Nursing home residents
A wrong death in a nursing facility can emerge from several causes. Some causes are more difficult to observe than others. They include:
Inadequate staff
Any assisted living facility in the USA is legally needed to provide around three hours of supervision and attention to each nursing home resident in the facility each day. They must also employ as much staff as possible to provide the necessary care. However, most times, nursing facilities fail to adhere to these rules and regulations and end up being understaffed, causing many residents to fail to get the required care and supervision. This will lead to residents suffering due to nursing home negligence resulting in wrongful death claims.
Unskilled staff
In many nursing homes, even with sufficient staff providing three hours of care and supervision, not all employees have adequate training. Unskilled staff may wrongly care for and supervise nursing home patients causing many problems which can lead to wrongful death.
Negligence
Nursing home neglect is usually the primary cause of wrongful death in most nursing homes. Every nursing home patient should receive adequate supervision, professional medical advice, and care while in the facility. However, when nursing home staff members fail to take care of the patients, it can lead to injuries and death. Some of the negligence in nursing homes include:
- Failure to provide a minimum of 3 hours of care daily to patients
- Failure to give bath to the elderly in the nursing home
- Failing to assist the elderly in using washroom facilities
- Failure to provide medicine, water, food, and sufficient care
Medication mistakes
Administering or giving the wrong medication to patients is a type of negligence that some staff in assisted living facilities are guilty of, which leads to wrongful death. The nursing home is responsible for ensuring each resident gets their correct prescribed medication, which should be taken in the proper dosage.
Deliberate deprivation
Sometimes, home care personnel refuse to provide primary care to patients under their watch. Often, this occurs when the personnel deliberately do not offer their residents water, food, medicine, or therapy, leading to wrongful death.
Lack of accidents prevention mechanisms
When a nursing home lacks the required safety measure or protocols to stop accidents from occurring is a type of negligence that may lead to wrongful death. When good signs are put in place in nursing homes, it can prevent residents from slipping or falling, which can cause death.
Sexual abuse
It is pretty sad to imagine that sexual mistreatment of residents in nursing homes by the staff usually happens. Certain personnel takes advantage of the elderly since they are feeble, unable to defend themselves, and are scared to talk about the sexual abuse they are going through. Examples of sexual abuse include improper touching and groping.
Mental abuse
Mental abuse is often brutal to observe in a nursing home. This psychological abuse can be associated with a verbal outburst that embarrasses, brings anguish, and torments residents. Some psychological violations that can lead to wrongful death are yelling and negative criticism.
Physical abuse
Unfortunately, personnel working in nursing homes abuse their residents to make them comply. They physically harm residents while providing care and supervision. Physical abuse that leads to wrongful death includes punching, forceful grabbing, and slapping.
Nursing home fights
Occasionally, nursing home residents usually fight amongst themselves. However, it is the responsibility of facilitators to de-escalate the fights which can lead to wrongful death. In addition, if the nursing home personnel fail to de-escalate the issue, it will be seen as a form of carelessness, and the nursing home will be held liable.
Persons who can file Nursing home wrongful death cases
Any of the following people can file nursing home wrongful death claims:
Immediate surviving family members
Close kin members, including spouses, biological, and adopted kids, are permitted to file a lawsuit against a nursing home for the wrongful death of their loved one. Based on the suit’s details and the association’s nature to the decedent, life partners and financial dependents can also file wrongful death lawsuits in some states.
Extended kin members
Extended family members, including brothers, sisters, and cousins, are permitted in some states in the USA to file nursing home wrongful death lawsuits.
All financial dependents
In some states, persons suffering financially from a nursing home wrongful death, even though they do not have a close relation to the deceased through marriage or blood ties, are permitted to file a legal action.
Who can be sued for nursing home wrongful death?
The following are some of the defendants in a nursing home wrongful death lawsuits settlement:
Nursing home Staff
If the nursing home supervisor, manager, or any other staff were responsible for neglecting or mistreating your loved one, they would be sued for wrongful death. In addition, even if their involvement was indirect, for instance, being aware of the mistreatment and failing to act on it, they will also be sued.
Nursing home facility
Hardly ever do wrongful death lawsuits brought against nursing home personnel only. The nursing home is also responsible for your close relative’s wrongful death since you entrusted it to care for your loved one. You always have to fill out the documentation describing the care the nursing home will provide, and it is understandable to expect your elderly loved one to receive the best care.
Types of damages one can recover from a nursing home wrongful death lawsuit
To understand how nursing home wrongful death lawsuit settlement is calculated, you must understand the kinds of damages you can retrieve. There are three kinds of injuries in nursing home illegal death settlements that include:
Economic damages
This involves the monetary losses the casualty or the kin went through due to the nursing facility’s mistreatment. It can include remuneration for:
- Physical therapy
- Counseling
- Medical costs include medication, visits to doctors, and hospitalization.
- Expenses for changing nursing home facilities
- Other monetary expenses sustained due to the casualty injuries
Often monetary damages usually account for the majority of settlement value. However, they are the minimum share of the entire settlement when mistreatment results in significant injuries.
Non-economic damages
This involves the mental, psychological and physical effects of the casualty injuries. The injuries suffered due to mistreatment and abuse include mental distress, hopelessness, suffering, and shortened life span.
Punitive damages
When you have thorough evidence of mistreatment or neglect, the jury may award you punitive damages. However, you need to be aware that the injuries do not cover losses but punish the accused for dreadful conduct. The higher the egregious behavior, the higher the punitive charges will be. In addition, you need to prove the following to be awarded punitive damages by the jury.
- Suffering and oppression: This occurs when the nursing home is aware the resident privilege is being violated
- Deceit: This involves making untrue statements to kin members or failing to state crucial deficiencies
- Intentional disregard or neglect of the victim’s health and safety
Wrongful Death Damages
When mistreatment causes a wrongful death, kin members can seek remuneration through a wrongful death lawsuit. However, in some states, family members can get punitive damages in a wrongful demise claim.
What is the average settlement for nursing home wrongful death action?
‘How much is nursing home wrongful death lawsuits settlement?’ This inquiry is usually challenging to answer since it hinges on whether the lawsuit settles or advances to a jury proceeding.
A settlement occurs when both parties reach a consensus on resolving the lawsuit outside the court. This can happen before a nursing home wrongful death suit is filed or when the case has been filed in court. When the settlement isn’t agreed upon, the lawsuit will proceed to a jury to issue a verdict. The majority of nursing home cases are usually settled out of court. In addition, in some states in the USA, jury verdicts are kept as a public record, while settlements are independent and confidential.
What are the factors that affect nursing home wrongful death lawsuit settlement?
Often, most damages lack inherent monetary value. Many factors are examined when hammering out a settlement or when a tribunal decides the money to be awarded. However, it is inconsequential to depend on the standard wrongful death settlement to evaluate your case’s worth. Some of the significant factors that will affect the value of a lawsuit are:
Kind of injury and the case
One of the significant elements influencing your nursing home suit is the kind of cases and injuries the deceased sustained. The higher the number of injuries sustained, the more the lawsuit is worth. Lawsuits concerning mistreatment or negligence often have a higher value, which may sway the jury to award punitive damages.
In addition, the ordinary bedsore settlement is usually less than the settlement for wrongful death; however, it may be subject to the case. For instance, the value of a wrongful death claim can be $105,000, resting on the deceased age, general health, and mistreatment. At the same time, bedsores from abuse can be valued at around $1.5 million if there was gross negligence like the casualty endured incredible pain, mutilations, and complications.
Type of Mistreatment and nursing home conduct
Usually, the insurance policy company or the jury will consider the nursing home conduct that led to the casualty injuries and the structure of mistreatment to decide the money to be awarded in a triumphant claim. Your lawsuit settlement may be higher if the nursing home has a history of gross violations on residents, especially if there is a similar to one inflicted on your loved one.
Furthermore, when there is proof of deceit, ill-treatment, or neglect of your loved one’s privileges and intentional disregard of their safety and life, the jury will award you punitive damages, increasing the value of your case.
The durability of evidence
Often the burden of proof when suing a nursing facility for mistreatment shows the possibility that the facility was liable for your loved one’s demise or injuries. However, the more durable your evidence is, the higher the chances your case may be worth it. During agreements, the insurance cover company will examine if you have a strong lawsuit and your probability of being victorious during the trial.
Suppose the insurance company feels your lawsuit is durable. In that case, there is a possibility of settling the case outside the court and reaching a consensus to receive a large settlement to reduce the risk of an elevated jury award.
Insurance cover
It is common nowadays to see headlines on tabloids concerning victims or surviving kin members awarded millions of dollars by the court jury. However, it is critical to know the probability of recovering what the jury has awarded you sometimes is low. It is usually low since insurance guidelines with coverage limitations cover the nursing home. Damages that exceed the procedures can be challenging to recover.
Jurisdiction
Jurisdiction is an executive power to make lawful decisions. Several nursing home wrongful death lawsuits fall under federal laws, while others may fall under state jurisdiction. Local laws, for instance, exceptional charges for causing harm and remuneration caps, may also impact the total amount of the nursing facility suit settlement.
What are the benefits of nursing home wrongful death lawsuit settlements?
Settlements are one of the ways to settle legal lawsuits entailing nursing home wrongful death and abuse. They offer remarkable benefits that the trial lacks. They include:
- Having monetary access to cover medical expenses
- Avoiding unpredictability of long trials
- Maintenance of confidentiality regarding the details of the casualty abuse
- Receiving extra remuneration for neglect, soreness, and suffering
- Saving legal fees, for instance, trials are usually costly.
- Shortened legal procedure
Examples of recent nursing home wrongful death lawsuit settlements
Nursing facility action settlement sums vary according to the unique factor in each lawsuit. Some recent nursing home settlements include:
1.5 Million dollars settlement due to neglect
An elderly resident of 84 years in Illinois, Chicago, obtained a $1.5 million nursing facility mistreatment settlement. The old lady had been highly burnt after being put in a bath with high temperatures by nursing home personnel.
6.75 Million dollar settlement due to sexual abuse
An 86-year-old older woman in Pennsylvania was awarded $6.75 after being sexually molested by another nursing care facility resident. She was victorious against the nursing home facility but afterward settled.
1 million dollar settlement due to wrongful death
Kin in Massachusetts received a $ 1 million settlement after their 89 years older woman died after falling in a nursing home. The facility personnel was required to use an alarm to inform them if the older woman had risen after she tended to fall. However, they failed to raise the alarm and get her to the hospital on time.
74O, 000 dollars settlement due to neglect and abuse
This settlement sum was obtained by Vermont’s attorney general in 2020 for four different cases of elderly abuse and long-term mistreatment in-home care facilities.
300 000 dollars settlement due to wrongful death
A 90-year-old woman in Virginia who passed two months after checking in to a nursing facility received a $300,000 settlement in 2019. The attorney general who sued the nursing home observed the older woman had developed bedsores due to neglect by the facility personnel.
Procedures involved in reaching nursing home lawsuit settlement
Often settling nursing home wrongful death lawsuits is generally easy with legal assistance. Nursing care attorneys will collect the facts, file the suit as your representative, and hammer out a settlement with the accused lawyers. Furthermore, working with a skillful lawyer will aid you in maximizing the remuneration to be received in a nursing home wrongful death settlement. The procedures involved include:
Finding a lawyer
The first crucial step is hiring an attorney who can help file a lawsuit against a nursing home for wrongful death and reach a settlement. A knowledgeable attorney will check if your claim is valid and collect all facts needed in preparing your case. Some of the points to be collected include:
- Who the casualty is
- The injuries the casualty faced
- The Nursing home where the neglect took place
- The person liable for the neglect or mistreatment
Filing the lawsuit
When your lawyer has collected the needed facts, they can file a suit against the people liable for the wrongful death of your loved one. In most cases, lawsuits are filed against the nursing home facility.
Dispatching letter of demand
Your lawyer will dispatch a request letter to secure a lawsuit settlement earlier. The request letter will elaborate on the reason and the amount of compensation you require. There is a possibility of receiving payment early. However, this rarely happens. The defense lawyer may reject or send a counteroffer.
Conducting a pretrial inquiry
Both attorneys representing the two parties in the lawsuit may gather required evidence, such as medical information and testimonies, during the pretrial inquiry. During this stage, the respondent will not contemplate settlement negotiations until the end of the process.
Attending Arbitration
Arbitration mostly happens if lawyers representing both parties in the lawsuit fail to settle. During the arbitration, an independent mediator will attempt to aid the two sides in settling.
Acceptance of Settlement Proposal
In several cases, the defense will bring a settlement proposal you can accept or deny.
- You will receive remuneration following the settlement agreement when you accept the proposal. However, you should be aware the decision made is final.
- If you reject the proposal, the lawsuit will head to trial, where the court jury or judge will arrive at a verdict. The verdict will dictate the settlement amount you owe.
Looking for Wrongful Death Lawsuit Settlement Attorney in Queens, NY? Contact us today
Suppose your loved one has experienced mistreatment, suffering, or abuse leading to wrongful death in a nursing home facility. It would help if you got the appropriate justice and compensation they deserve on their behalf. However, each lawsuit comprises divergent facts and situations. The best way to determine the amount you can get from a nursing home wrongful death lawsuit settlement is to seek nursing home attorneys’ help at Gregory Spektor & Associates, P.C.
Our personal injury attorneys have vast experience and knowledge in dealing with wrongful death lawsuits and will help you secure nursing home lawsuit settlement. The quality of our representation is elevated by the quality of our extraordinary team of lawyers and support staff. Call us at 1(888) 797-7735 to schedule a free initial consultation.
