According to NANHA, an astounding 36 percent of nursing home residents have experienced or witnessed at least one incident of physical abuse in the last year. Even more disturbing, sexual abuse makes up nearly seven percent of these cases.
If your loved one has passed away due to abuse or negligence at the hands of their nursing home, it’s a good idea to file a wrongful death lawsuit.
According to a study conducted by the Health Affairs journal, the average nursing home wrongful death settlement is more than $400,000. However, this is just an average — many families settle for $1,000,000 or more.
Thus, let’s extend upon wrongful death lawsuits and factors influencing compensation. We’ll also discuss a few real-life examples to establish some level of expectation.
Can You Sue a Nursing Home for Wrongful Death?
When your loved one dies due to negligence or abuse by incompetent staff members of a nursing home, you have the right to sue. Depending on the extensiveness of the abuse and other circumstantial factors, compensation can vary greatly.
Although no amount of money is equivalent to human life, this compensation can cover funeral expenses, suffering, pain, grief therapy, and counseling.
What Is a Nursing Home Wrongful Death Settlement?
Often, most settlements involving nursing homes are due to the wrongful death of a patient due to the nursing home’s negligence.
For most families, settlements are the preferred choice versus taking the case to trial. However, there are pros and cons to both settlements and trials. Based on the circumstances of your case, an attorney will be able to guide you in the right direction.
Factors That Influence Compensation
Various factors will influence the amount of compensation you can expect. Some of these factors include:
- Severity and longevity of the abuse
- Taking the case to trial or settling
- Laws in your state
Examples of Nursing Home Death Settlements
Below are a couple of examples of wrongful death settlements involving nursing homes. These examples will illustrate severe cases of abuse and expectations regarding compensation.
In April of 2009, a nursing home resident died due to severe malnutrition, pneumonia, dehydration, and kidney failure. In addition, the resident suffered from 35 bedsores over the course of two years. Their family was compensated $7 million.
In April of 2007, a 78-year-old patient died due to a heart attack as a result of internal bleeding. The nursing home was aware of the internal bleeding for days and failed to provide the patient with medical attention. As a result, the patient’s family received $54 million.
Average Nursing Home Wrongful Death Settlement
The average nursing home wrongful death settlement is approximately $400,000. However, it’s not uncommon for settlements to reach millions of dollars.
Compensation depends on various factors, such as the severity of the abuse, choosing to settle or take the case to trial, and the laws in your state.
We hope you find peace and receive the compensation you deserve for the wrongful death of your loved one.
If you found this guide helpful, be sure to check out our other articles related to law!
