Settling Your Nursing Home Abuse Claim
Why You Should Consider Filing A Nursing Home Abuse Claim
If someone you love is injured in a nursing home from abuse or negligence, you should consider filing a claim to recover damages. Pursuing a legal claim may seem daunting at first. But with the right guidance from an experienced nursing home abuse lawyer like Alonso Krangle, LLP, you will find the help you need to enforce your rights to the full extent the laws allow.
What is Nursing Home Abuse and Neglect?
Residents of nursing homes are abused and neglected with high frequency. Despite our expectations that caregivers treat our loved ones with dignity, respect, and compassion, many nursing homes fail. Family members and visitors must be aware of how nursing homes mistreat their residents so we may protect the safety and legal rights of our loved ones.
The following are some common ways nursing homes abuse and neglect patients and cause injuries:
- Negligent supervision
- Withholding food/malnutrition
- Withholding water/dehydration
- Physical abuse such as hitting, pushing, pinching
- Emotional abuse or neglect such as withholding affection, demeaning, insulting, mocking
- Stealing money or personal items
- Isolating patients from other residents or visitors
- Physical or chemical restraint
- Not moving residents/bedsores
- Neglecting basic hygiene
- Purposefully or negligently misusing medications and/or doses
Be aware of your loved one’s emotional state when you visit. Ask yourself: does he seem afraid? Is she depressed? Disoriented. Have unexplained injuries? If you suspect abuse speak to someone at the nursing home right away and make sure your family member is safe. Then consider talking to Alonso Krangle about filing a claim against the nursing home.
Most Nursing Home Abuse Cases Get Settled Before Trial
Sources estimate that approximately 90 percent of cases involving nursing home abuse result in settlements. That means only 10 percent of parties end up in lengthy, stressful litigation in front of a judge or jury.
What is A Settlement?
A settlement is an agreed-upon resolution of a civil matter between the disputing parties. It can be before or after legal proceedings start and does not involve the court. Frequently, lawyers for each party negotiate on behalf of their clients.
When a settlement is reached, it is a legal contract. One party usually agrees to pay for some act of wrongdoing that harmed the other, typically a lump sum. But a settlement agreement can involve other responsibilities as well, such as a public apology or admission of guilt.
In nursing home abuse cases, the Plaintiff is the victim or the victim’s family, and the Defendant is usually the owner, operator, administrator, employee or other individual (s) connected to the nursing home or facility where the injuries occurred. Although nursing home abuse and neglect cases often involve horrible acts against helpless victims, the parties in these cases often find common ground and can reach a settlement agreement. When this happens, they agree on a set of the facts and an amount of compensation that the nursing home is willing to pay for the costs associated with the injuries such as medical expenses and emotional distress and legal fees.
There are Many Benefits to Settling Your Nursing Home Abuse Claim
Settling provides above all else, a guarantee for both sides that the nursing home abuse case gets resolved without the expense, delay, and stress of a trial with no guaranteed outcome. As the victim, you avoid the risk of having your case dismissed or having a jury not believe your testimony. Some essential benefits you should consider when deciding whether to pursue a settlement for nursing home abuse are:
- Speeding up the process
- Saving considerable expense in legal fees
- Maintaining the privacy of the abuse details
- No registration of a guilty verdict or record of a judgment
- Flexibility in decision-making
- Reduction of stress that a trial would cause
Understanding what amount to accept and when to agree to a settlement is something best left to experienced nursing home abuse lawyers who represent your best interests. Engaging in the settlement process without advice and help of competent counsel may result in a lower settlement; one that does not truly represent the value of your injuries, pain, and suffering. You can be sure the nursing home will have attorneys on their side, trying to pressure you into taking less than you deserve. You should have help navigating the complex process of arriving at a fair result.
How is the Value of Your Nursing Home Abuse Case Determined?
The amount of settlements for nursing home neglect and abuse vary greatly and depend on the severity of the abuse, and the physical, emotional, and financial injuries suffered. Each case is different, and jurisdictions vary, but you may be able to collect money for:
- Economic damages including medical costs, loss of income
- Damages for emotional distress, pain, and suffering
- Punitive damages may be awarded in some places to punish the nursing home for egregious actions and dissuade similar conduct in the future.
Contact Alonso Krangle, LLP to find out if you have a nursing home abuse case. Every state has a statute of limitation which governs the amount of time you have to file your claim. We can’t know how much time you have until we hear about your circumstances. You don’t want to forfeit your right to collect monetary damages.
Call 516-350-5555 today for a free evaluation of your nursing home abuse claim.