It is an unfortunate fact that people who live in nursing homes are not always cared for properly and carefully, with the dignity each individual deserves. In fact, seniors and other loved ones who are placed into the care of nursing homes can be subject to many types of cruelty and abuse. If your loved one suffered injury in a nursing home, a skilled nursing home abuse attorney can fight for justice and seek a settlement or go to trial.
Can You Pursue a Nursing Home Settlement?
In such a challenging time, it is important to know there is legal recourse. Our office handles many cases related to nursing home abuse in the state of Illinois. With more than 1,200 such facilities in Illinois serving more than 100,000 residents, it’s important to understand the rights of those residents and their families in cases of abuse or neglect. An experienced attorney can inform you of those rights and your legal options.
Our clients ask us what is the average nursing home settlement amount? We understand why this question matters: when a loved one is harmed, it is natural to want justice. Settlement amounts vary. Among other factors, it is vital to know what injuries were suffered as a result of neglect or abuse in a nursing home.
Understanding the Difference Between Neglect and Abuse
By the standards of the law, neglect is different than actual abuse. While both circumstances are terrible, it’s important to understand the differences when you’re seeking legal recourse for mistreatment in a nursing home. Put simply, the difference is in intent.
Neglect implies carelessness, while abuse is a deliberate action that causes harm, such as physical violence against a nursing home resident, sexual abuse, emotional/mental abuse, purposefully improper use of medication, or any combination of these factors. While cuts and bruises may be easy to spot, if a nursing home resident is emotionally or sexually abused, it may be harder to uncover and address. Our typical guidance is to follow your instincts—if you feel like something is wrong, push nursing home staff for answers. If you believe your loved one suffers from abuse, you may have a case. We can help.
A History of Violations Can Impact a Nursing Home Case
Nursing homes are subject to rules and regulations by a number of public and private entities in Illinois, including the IL Department of Public Health and a division of the U.S. Department of Health and Human Services. Doing your research on a facility, before selecting one if at all possible, is both important and made possible by public records that are kept of nursing home violations.
Websites often depict wonderful facilities with glowing reviews by residents. Cursory research from state reports may indicate a facility is doing well. But much of what you can find online is selective, positive, self-reported data by these facilities that doesn’t take into account serious violations—and even lawsuits. Our office has the ability to research and track this information, so that we when work on a nursing home case, we have background on claims made against particular facilities.
Nursing Home Fines May Not Benefit the Injured
Facilities involved in nursing home abuse violate the Adult Protective Services Act and can be fined as a result. But those fines are imposed by the governing body and are often settled with that institution for much lower amounts, without any money being paid to the resident or their family members. This is why bringing lawsuit against a facility is extremely important when there is a case of documented abuse. Our nursing home abuse attorney seeks just compensation for harm done to a resident of a nursing home or skilled care facility.
Factors that Affect the Amount of Nursing Home Settlements
Settlement amounts in these cases can vary widely and depend on the injury and damage done to the resident, as well as the circumstances involved that resulted in that injury. Settlement figures can range from a few thousand dollars to several hundred thousand, depending on the severity of the abuse. In addition to compensation for injury, there are medical costs that may need to be reimbursed, as well as emotional costs to consider when arriving upon the right settlement amount.
What Is the Average Nursing Home Settlement Amount?
We are experienced in nursing home cases and know how to calculate all the costs and damages involved in these complex and tragic cases. While there may be an average amount for a nursing home settlement, it isn’t useful to understanding the value of a specific case. If your loved one has suffered neglect or abuse, contact our nursing home attorney to discuss your legal options.
We understand that sometimes there is no amount of money that can make up for the damage done to a vulnerable loved one. Some cases are particularly tragic. There are situations where nursing home abuse has resulted in the death of a resident, as well as cases that result in permanent or long-term physical disfigurement or emotional damage. Sexual abuse cases are especially tough on families and loved ones. We consider all cases carefully and confidentially and will work tirelessly on behalf of your loved one. Emotions can run high when abuse is done to the vulnerable population in nursing homes, and we channel that passion into the pursuit of justice for each client.
Nursing Home Violations in Illinois Are Many
Sadly, Illinois is one of the top states for nursing home violations, including possible sexual or physical abuse and neglect. If you want to know the history of deficiencies, violations and fines associated with specific Illinois nursing homes, you can review the data gathered here.
If you or a loved one are or have been a resident of a nursing home and you suspect intentional abuse is at play, contact the Law Office of Jeff Green today. We have the experience necessary to research and document these claims. We get justice for those who suffered harm committed in nursing home neglect and abuse cases.