What Is an Average Nursing Home Neglect Settlement in Kentucky or Indiana?
Today, somewhere between 1 and 2 million Americans live in nursing homes. These facilities are meant to provide residents who can no longer take care of themselves with the highest quality of life and standard of care that is reasonably possible. Unfortunately, even “nice” nursing homes can fail to meet that standard—and your loved one may be hurt in the process.
If your loved one has been physically, financially, or emotionally harmed due to negligent or abusive treatment at a nursing home facility, they deserve compensation.
However, nursing home neglect can be notoriously difficult to prove and actual nursing home settlement amounts can vary based on the circumstances. While the most egregious cases can reach six or seven figures, a typical case is likely worth less. And in any case, initial settlement offers are often far lower than what families truly deserve.
In this blog post, we’ll answer a few big questions:
- What is nursing home neglect?
- How are nursing home neglect settlements calculated?
- What major factors affect nursing home neglect settlement values?
What Is Nursing Home Neglect?
Nursing home neglect occurs when the following two conditions are met: (1) nursing home staff members (or third-party contractors) fail to provide proper and adequate care to a resident, and (2) that neglect directly or indirectly results in some harm coming to them.
Examples include but are not limited to:
- Failure to provide necessary medical care or medications
- Failure to provide necessities such as food or water in sufficient quantities
- Failure to assist with activities of daily living (bathing, grooming, toileting, changing clothes or linens, room cleaning, etc.) as needed
- Failure to provide adequate supervision, leading the resident wandering, falling, or hurting themselves and not getting timely care
Signs that your loved one might have been a victim of nursing home neglect include:
- Bed sores
- Unexplained injuries
- Sudden weight loss
- Poor hygiene
- Unsanitary living conditions
- Behavior changes
- Reluctance to talk
- Fear of being left alone
- Dehydration or malnutrition
Remember, a nursing home neglect case must prove that (1) the nursing home staff failed to meet the expected standard of care and (2) your loved one suffered damages as a result. For example, say your loved one wandered off and went missing for several hours, but was ultimately found unhurt. While the nursing home certainly failed to provide adequate supervision, you likely would not be able to claim any damages.
RELATED POST: What to Do if You Suspect Nursing Home Neglect – Truman Law
Why Does Nursing Home Neglect Happen?
Most of the time, nursing home neglect is not intentional, or at least not the result of anyone at the nursing home specifically wishing harm to your loved one. While nursing home staff members might be aware that they are providing an inadequate level of care, they don’t intend your loved one to be hurt.
Often, the root cause of neglect comes from issues like understaffing, poor staff training, inadequate safety procedures, substandard building maintenance, or even just “compassion fatigue” and burnout from overworked staff.
However, just because neglect is “unintentional” does not mean the nursing home should not be held accountable.
What About Nursing Home Abuse?
The main difference between nursing home neglect and nursing home abuse is that abuse includes active, intentional mistreatment of a nursing home resident. This might include things like physical or sexual abuse, yelling at or bullying residents, or purposely withholding food or medications.
While neglect alone is more common, nursing home abuse cases may also include examples of both neglect and abuse. You will not need to file separate claims if this is the case; both will be considered when negotiating a nursing home abuse settlement.
RELATED POST: What Constitutes Nursing Home Abuse? | Louisville, Kentucky (trumanlaw.com)
Nursing Home Abuse Settlements: How Much Is Your Case Worth?
As we said above, there’s really no such thing as an “average” nursing home neglect settlement. Some cases are worth a few thousand dollars. Others are worth millions. It all depends on the circumstances of each case.
The best way to get a realistic estimate of how much your specific case is worth is to speak with an experienced nursing home abuse attorney. However, we can break down some of the major contributing factors in general terms.
What Damages Are Available in Nursing Home Neglect Cases?
“Damages” are, in simple terms, the financial value of the losses and harm your loved one experienced due to the nursing home’s neglect.
Economic damages are the easiest to understand and calculate. Examples include past and future medical expenses due to injuries from abuse or neglect, or monetary losses from financial exploitation.
Non-economic damages are compensation for any harm your loved one experienced that doesn’t come with a specific financial cost. This would include things like physical pain and suffering, emotional trauma, loss of ability to participate in enjoyable activities, and loss of self-confidence. While there may be no medical bills for these kinds of losses, your loved one still deserves compensation for the impact on their quality of life.
Punitive damages might be awarded to punish a nursing home that engaged in willful misconduct or egregious negligence. You are far more likely to be awarded punitive damages in a nursing home abuse case, but in rare cases they might be appropriate in “neglect only” cases if the neglect was especially appalling.
Calculating fair financial compensation in nursing home lawsuit settlements is a complex process. You also cannot rely on the nursing home or their insurance company to treat you fairly. Their goal is to settle your claim as cheaply as possible. When you meet with a Louisville nursing home abuse lawyer at Truman Law Office, we will carefully review the evidence and provide an objective estimate of what we believe your case could be worth.
Other Factors That Drive Nursing Home Settlements
Settlement negotiations are just that—negotiations. Both sides may disagree about what the true value of a case is. The insurance company is also weighing the cost of a settlement versus what they think the nursing home resident is likely to obtain if the case goes to trial.
Some additional factors that can influence settlement amounts include:
- The strength of the evidence. The clearer it is that the nursing home was 100% responsible, the stronger your negotiating position will be. But building a nursing home neglect case requires a lot of strong evidence. Depending on the circumstances, your attorney may need to collect extensive medical records, witness testimony, staffing records, financial records, inspection reports, photographs of unsafe or unsanitary conditions, and more. Settlement amounts are likely to be lower if there are any gaps in the evidence or any “gray area” about who was at fault for your loved one’s injuries.
- The egregiousness of neglect. As noted above, settlement offers are based, in part, on what the insurance company thinks a jury might award if the case goes to trial. Juries are likely to award more in compensation if the neglect was especially appalling, upsetting, or egregious—for example, if your loved one was left alone for multiple days. They might award less if the neglect was due to a temporary, unintentional lapse of attention or judgement—even if the resulting injury was just as bad.
- The skill and experience of your attorney. Insurance companies keep track of law firms and the kinds of settlements and trial verdicts they obtain. Nursing home abuse lawyers with a strong track record of success in these cases (and a willingness to take cases to trial) may have more leverage to negotiate a better settlement.
- Damage caps. In rare circumstances, punitive damage caps could come into play in Indiana (and some other jurisdictions) if your nursing home abuse lawsuit involves particularly egregious, “unforgiveable” neglect or abuse. Indiana limits punitive damages to either $50,000 or three times the amount of other damages, whichever is higher. (Kentucky has no such limitation.)
If Your Loved One Has Been a Victim of Nursing Home Negligence, Count on the Colonel
Our legal team stands ready to help nursing home residents and their loved ones hold neglectful and abusive nursing homes accountable. We understand how devastating this situation can be and promise to do everything in our power to get you the justice, compensation, and peace of mind you deserve.
To schedule a free case review with Truman Law Office in Louisville or Jeffersonville, call (502) 222-2222 or fill out our online form today. We can also guide you toward local community-based services and agencies that may be able to provide additional help.