Nursing home abuse lawsuits can end in a variety of different ways. In some cases, the suit may be dismissed, there could be a settlement or a summary judgment or the case could go to trial. In some cases, it could go into mediation or arbitration. All cases are different. If the lawsuit does finally reach a settlement, the plaintiff will agree to a set amount of money as compensation for dismissing the case. Settlements for nursing home abuse happen outside of the courts, and this means there does not need to be a trial for a final decision.
Many times, those who are victims of nursing home abuse and their families find that the best way to deal with the lawsuit is through a settlement. They are generally less expensive than taking the case through to a trial and they can save a substantial amount of time. Those that go to trial can take between one and three years before there is a verdict.
The plaintiff has the chance to accept a guaranteed amount of compensation during a settlement and this is something that is not guaranteed with a trial. Often, those who do not have a substantial amount of evidence will fare better with a settlement than they would with a full trial. Some of the other benefits of settling can include:
Nursing home abuse is a real problem and there are many cases brought against nursing facilities each year. Residents of nursing homes, along with their families, should discuss the possibility of settlement with the facility. Lawyers who have experience in the field can bring more advice and insight into how to proceed. Here are a few examples of actual settlements.
A 74-year-old resident of a nursing home in Illinois shared a room with a younger resident who happened to have violent tendencies. The older resident died after the younger one attacked and beat him. The family of the deceased party received $1.3 million as compensation in their settlement.
At another Illinois facility, an 87-year-old resident was placed in a bath that was far too hot. This caused the resident to suffer from severe burns since the staff was negligent in their actions. The resident received a settlement of $1.5 million for the injuries.
An 89-year-old resident of a nursing home fell when she was left alone in a bathroom. The fall caused a fracture of her left femur, and it required a surgical procedure to correct. Ultimately, the resident died from the complications of the surgery. Surviving family members received a nursing home abuse settlement of $750,000.
In a facility in Virginia, a resident with mental impairment was smoking a cigarette. The staff members failed to monitor the resident properly, and this led to severe burns that led to the death of the resident. Improper monitoring is a violation of the Nursing Home Care Reform Act. The family received a nursing home abuse settlement of $1.5 million in the case.
These are just a few examples of some of the different types of settlements residents and their families have been able to receive.