What Is the Average Settlement for Nursing Home Neglect?

When seeking compensation for nursing home neglect in California, it's essential to have an idea of the potential settlement range. While settlements often average around $400,000, the final amount can differ significantly.

Attorney Susan Kang Gordon focuses on nursing home abuse and neglect cases and is committed to guiding victims and their families through these challenging matters. Learn more about the potential value of your claim and how our team can assist you in pursuing justice.

Understanding Nursing Home Neglect Settlements

Nursing home abuse settlements can range from moderate five-figure sums to millions of dollars in more extreme cases. Let’s take a closer look at the potential financial recovery for these claims.

Comparing Settlement Amounts

Nursing home neglect takes many forms, each of which can lead to different settlement amounts. For example, cases involving minor neglect might settle for as little as $50,000, while serious cases, such as those leading to wrongful death, can see settlements exceeding $1 million.

At Susan Kang Gordon, A Professional Law Corporation, we’ve secured remarkable outcomes for our clients, including a $13.5 million verdict in a nursing home abuse case, demonstrating our commitment to getting justice for victims of mistreatment.

Below, we’ve provided a comparison of settlement ranges based on different types of neglect to give you a clearer understanding of what these cases might be worth.

Facility Type and Settlement Differences

The facility where the neglect occurred also plays a role in determining the settlement amount. See how the nature of the care environment can impact the financial outcome of a case:

Settlements Based on the Type of Neglect or Abuse

Nursing home neglect settlements can vary based on the specific type of neglect or abuse involved. For example, claims related to falls or pressure sores are among the most common, often leading to significant settlements.

Settlements Based on the Type of Injury

Settlement amounts also vary based on the specific injuries sustained due to neglect. For instance, cases involving broken bones or head injuries may yield different financial outcomes compared to those involving infections or lacerations.

Average Nursing Home Wrongful Death Settlements

Nursing home wrongful death cases are particularly complex and frequently result in higher settlements in light of the severe consequences.

According to some sources, the national average settlement for wrongful deaths in nursing homes is around $284,000. However, it’s important to note that statistics like these should be considered general figures and that individual cases can vary widely.

What’s Included in a Nursing Home Abuse Settlement?

When a nursing home abuse case is settled, the compensation package typically encompasses a variety of damages aimed at addressing the full scope of the harm the victim has suffered. These settlement amounts are intended not only to cover the victim’s immediate financial needs but also to provide restitution for their pain and suffering.

Here’s a detailed breakdown of what might be included in a nursing home abuse settlement:

Medical Expenses

One of the primary components of a nursing home abuse settlement is the reimbursement of medical bills incurred due to the abuse or neglect. A settlement may include compensation to cover such expenses as:

• Hospital Stays: The cost of any hospital visits, including overnight stays and emergency care.
• Emergency Services: Fees for ambulance services or urgent medical interventions.
• Prescription Medications: Expenses associated with medications required to treat injuries or conditions resulting from the abuse.
• Medical Devices: The cost of any medical equipment that became necessary due to the abuse, such as wheelchairs, walkers, or specialized beds.
• Rehabilitation: Fees for physical therapy, occupational therapy, or any other rehabilitative services required to help the victim recover.
• Ongoing Care: Financial commitments related to long-term care needs, whether at home or in another facility, as a result of the abuse.

These costs can be extensive, especially if the victim requires long-term care or treatment.

Lost Income and Other Financial Losses

In some cases, the victim’s family members may incur financial losses due to the need to take time off work to care for their loved one. In such instances, a settlement can include compensation for:

• Lost wages: If a family caregiver had to miss work or take a leave of absence to address the needs of the abused relative, those lost earnings may be recoverable.
• Financial exploitation: If the victim experienced financial abuse, such as theft of personal assets or funds, the settlement can include compensation for these losses.

Nursing home neglect and abuse can have more than just physical and emotional effects — their impacts can also be (and often are) financial in nature.

Pain and Suffering

Non-economic damages are a significant part of nursing home abuse settlements. These monetary awards are intended to compensate for the emotional and psychological toll of the abuse. They reflect conditions like:

• Physical pain: Compensation for the pain and discomfort the victim has endured as a result of the abuse.
• Emotional distress: Payment for the psychological impact stemming from the abuse, such as anxiety, depression, or PTSD.
• Loss of enjoyment of life: If the abuse led to diminished quality of life (whether due to physical limitations or emotional trauma), this loss may be compensable.
• Disability and disfigurement: If the victim suffered long-term disability or disfigurement, the settlement would include compensation for these life-altering impacts.

Sadly, the mental and emotional costs of nursing home neglect often surpass the financial costs.

Other Losses

Beyond the typical forms of compensation, a nursing home abuse settlement may also address other, less tangible losses.

For example, in cases where the abuse resulted in a deterioration of the relationship between the victim and their family, compensation may be available for loss of companionship. In wrongful death cases, the settlement may also cover the expenses associated with the victim’s passing, such as funeral and burial costs.

Factors Affecting Nursing Home Abuse Settlement Amounts

There are numerous factors involved in nursing home litigation, all of which play a role in determining the total compensation nursing home residents might receive. Here are a few of the most notable:

The Severity of the Abuse or Neglect

How bad the abuse or neglect was is the central factor influencing the settlement amount. Cases involving serious physical harm, severe emotional distress, or egregious financial exploitation often result in larger settlements.

The Extent and Impact of the Injuries

The extent of the injuries sustained by the nursing home resident is another critical consideration.

More severe injuries, such as fractures, head trauma, or persistent bedsores, typically see higher compensation. The long-term impact of these injuries, including ongoing medical care, rehabilitation, and any resulting disabilities, also contributes to the overall settlement.

The Duration of the Mistreatment

The length of time over which the abuse or neglect occurred also serves to determine the settlement amount. Prolonged mistreatment often leads to greater physical and emotional harm, resulting in more sizable compensation. This duration also reflects a continued failure on the part of the nursing home to provide adequate care, which can increase the liability of the facility.

The Strength of the Evidence

The strength of the evidence presented in a nursing home abuse case is crucial for determining the final settlement amount. Clear documentation, such as medical records, photographs, and eyewitness testimony, can bolster a case and potentially lead to a larger settlement. The more compelling the evidence, the stronger the case for compensation.

The Facility’s Insurance Coverage

The nursing home’s insurance coverage limits can factor into the settlement amount as well.

Nursing homes usually carry liability insurance for abuse or neglect claims. A skilled attorney will carefully review the facility’s insurance policy to assess the maximum amount that can be recovered. Higher policy limits could mean a bigger potential settlement, while lower coverage limits may restrict the compensation available.

Shared Liability

In some cases, multiple parties may share the liability for the abuse or neglect. For example, if a resident suffered harm due to a medication error, both the nursing home and the prescribing physician might be found liable. In such cases, the responsibility for paying the settlement could be divided among the at-fault parties.

Shared liability can complicate the settlement process, as each party's degree of fault must be determined, which can influence the total compensation the victim stands to receive.

The Nursing Home’s Cooperation

The willingness of the nursing home’s administrators and staff to cooperate in the litigation process can also shape the final settlement.

If personnel acknowledge the abuse and are open to settling, the case may be resolved more quickly, potentially with a higher settlement. Conversely, if the staff is uncooperative, the legal process could drag on, and the ultimate award could be affected.

How a Nursing Home Abuse Attorney Can Increase Your Settlement Amount

A qualified nursing home abuse lawyer will be well-versed in the complexities of negotiating settlements. They’ll understand the tactics insurance companies and defense attorneys might use to minimize compensation.

By leveraging their knowledge and resources, your attorney will aggressively pursue fair and adequate payment, ensuring that all aspects of your or your loved one's losses are fully accounted for.

Working Toward the Settlement Your Loved One Deserves

Obtaining a fair settlement in your nursing home abuse case is vital for ensuring that your loved one receives the necessary care and support.

At Susan Kang Gordon, we focus on delivering favorable results for families throughout the Bay Area. Our experience handling nursing home abuse cases enables us to effectively address complex issues and secure settlements that cover both the medical costs and the emotional impact.

If someone you care about has suffered abuse at a care facility, reach out to us today to discuss how we can help you get the financial support and peace of mind you deserve.