What Is a Nursing Home Abuse Lawsuit?
A nursing home abuse lawsuit is a type of legal action that can be taken after an elder suffered serious injuries while living in a nursing facility.
A civil lawsuit allows residents and their families (plaintiffs) to pursue money from the facilities and/or staff who wronged them (defendants).
Lawsuits for nursing home abuse or neglect award victims money through settlements. These are legal agreements requiring the nursing home to pay a lump sum of money. A small number of nursing home abuse lawsuits may go to trial, where a judge or jury decides the case’s outcome.
The Nursing Home Abuse Center partners with an extensive network of law firms that have decades of experience helping families file nursing home lawsuits. Together, they have recovered over $280 million for nursing home neglect and abuse.
Find out if we can connect you with a skilled nursing home abuse lawyer near you. You may be eligible to file a nursing home lawsuit and get the justice and compensation your family deserves.
Get a free case review right now.
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Nursing Home Lawsuit Compensation Amounts
Compensation awarded through nursing home lawsuit settlements and trial verdicts provides families with the financial support needed to recover from the emotional and physical trauma of abuse and neglect.
Payouts vary depending on the specifics of the case. On average, nursing home lawsuits for severe harm award around $400,000. However, some nursing home abuse lawsuits are worth over $1 million.
Here are some reported nursing home abuse lawsuit payouts:
- $5.2 million in Kentucky for the death of a paraplegic resident from an infected bedsore
- $4.25 million in New Mexico for a resident who was beaten to death by their roommate
- $4.1 million in Illinois for medication mismanagement leading to injury
- $3.7 million in California for wrongful death due to a resident wandering
- $2 million in Arkansas for a resident after assisted living facility negligence
- $1.5 million in Oklahoma for failing to treat wounds and allowing pressure sores to form
- $1.2 million in Alabama for wrongful death due to lack of oxygen
- $1 million in New York for severe bed sores due to nursing home malpractice
- $625,000 in Connecticut due to multiple falls, one being fatal, at a care facility
- $500,000 in Ohio after a patient died from being dropped by an ambulance attendant
- $418,000 in Indiana for wrongful death from choking on food
The best way to determine the value of your claim is to get a free consultation from an experienced nursing home lawyer.
Start the process by calling us at (855) 264-6310 or Click to Chat right now.
Why File a Nursing Home Lawsuit?
Nursing home lawsuits can help families in many ways. First, the financial compensation you may receive from a lawsuit can help pay for expenses that stem from the abuse.
Nursing home lawsuit compensation can pay for:
- Costs of changing nursing homes
- Funeral expenses if a loved one dies
- Medical bills for treatment
- Mental health counseling
- Physical therapy
- Other expenses
A nursing home abuse lawsuit can also help you hold the facility accountable for hurting your loved one.
Sometimes, nursing homes must pay punitive damages to resolve the lawsuit. This compensation goes beyond covering your expenses and punishes the nursing home for negligence or abuse.
Finally, a nursing home lawsuit will help more than just you and your family. It can also raise awareness that the nursing home is failing to protect its residents.
Nursing home abuse lawsuits can even lead to changes in the facility so others aren’t harmed. For example, staffing may be increased, or abusive caregivers may be fired.
Common Injuries in Nursing Home Abuse Lawsuits
Typically, residents and families file lawsuits for nursing home negligence that caused an injury or death. This could involve physical abuse, sexual abuse, or neglect that caused harm.
Some injuries or harm that may lead to a nursing home lawsuit are:
- Bedrail injuries
- Broken bones or fractures
- Dehydration or malnutrition
- Injuries caused by nursing home falls
- Medication errors or overmedication
- Poor diabetic care
- Pressure ulcers, like stage 4 bedsores
- Sepsis from infections
Nursing homes are responsible for safeguarding their already fragile residents. When injuries occur due to neglect or abuse, nursing home lawsuits play a crucial role in holding these facilities accountable. This can help ensure they meet their obligations for care and protection.
Who Can File Nursing Home Lawsuits?
Victims of abuse or neglect in a care facility can file nursing home lawsuits.
However, for victims who may not be of sound mind due to conditions like Alzheimer’s disease, a loved one with power of attorney may file a nursing home lawsuit on their behalf.
Or, if the resident dies due to their injuries, a close relative may be able to file a nursing home wrongful death lawsuit on the victim’s behalf.
Parties who may be able to file a nursing home abuse lawsuit include:
- The nursing home resident
- Spouse, children, or parent of the resident
- Close family members of a deceased victim
- An estate representative
The Nursing Home Abuse Center partners with some of the best nursing home law firms in the country. Together, they have recovered over $280 million for families affected by nursing home abuse and neglect.
Connect with us now to see if we can help you file a nursing home lawsuit.
Types of Nursing Home Lawsuits
Taking legal action is possible for many types of nursing home abuse and neglect.
Learn more about several types of nursing home lawsuits below.
Personal Injury Nursing Home Abuse Lawsuits
If a resident suffered any type of harm while living at a long-term care facility, it may be possible to file a personal injury lawsuit.
This type of nursing home abuse lawsuit will outline how the resident suffered from abuse or neglect and why the facility is to blame.
Past personal injury lawsuits have been filed for:
- Medical malpractice
- Nursing home neglect
- Physical abuse
- Sexual assaults
Nursing home abuse lawyers can file a lawsuit on behalf of the resident or their loved ones, making the process less stressful.
Wrongful Death Nursing Home Lawsuits
If a resident passes away due to nursing home neglect or abuse, their loved ones may still be able to take legal action.
A wrongful death nursing home lawsuit can award families with compensation for their suffering, unpaid medical bills, and even funeral expenses.
Nursing home abuse lawsuits for wrongful death can be filed if:
- A nursing home resident died from abuse or neglect before filing a lawsuit
- A resident already filed a lawsuit for abuse or neglect but died from their injuries/illnesses before the lawsuit concluded
Nursing homes are supposed to keep residents as happy and healthy as possible — not cause them to die. Successful wrongful death lawsuits force nursing homes to pay if negligence contributed to a resident’s death.
Civil vs. Criminal Nursing Home Abuse Lawsuits
Civil and criminal nursing home lawsuits are very different. A victim can only file a civil lawsuit, as criminal lawsuits are brought by attorneys acting on behalf of the U.S. government.
Criminal lawsuits involve felonies and misdemeanors, while civil lawsuits involve seeking compensation for harm done.
The main differences between civil and criminal lawsuits are detailed below.
| Civil Nursing Home Lawsuits | Criminal Nursing Home Lawsuits |
|---|---|
| Defendants must pay money but most likely won’t go to jail if they lose | Guilty parties face jail time and fines |
| Filed by private citizens and their lawyers | Initiated by U.S. government attorneys |
| Must show the defendant is most likely at fault for the wrongdoing | Require a higher burden of proof as punishments are severe |
| Usually reach settlements before a trial occurs | Require a judge or jury in most cases |
Breach of Contract Lawsuits
Breach of contract describes a nursing home’s failure to honor the terms of its agreement with a resident — often involving terms of adequate care.
These lawsuits are less common than civil lawsuits against nursing homes.
A breach of contract lawsuit may help you and your loved ones recover expenses paid to the nursing home (such as rent). However, compensation beyond that is often limited as nursing home liability insurance rarely covers breach of contract cases.
For these reasons, it’s often better to file a civil lawsuit. A nursing home abuse attorney can help you understand the best legal options for your case.
How Long Does a Nursing Home Abuse Lawsuit Take?
Because every case is unique, each lawsuit for nursing home negligence or abuse takes a different amount of time. Some lawsuits may be settled in a few months, while others can take a few years.
A nursing home abuse lawsuit that has to go to trial will likely take longer than one that reaches a settlement. Trials require more time because evidence must be presented, and a judge or jury must then decide the case.
An experienced lawyer can estimate how long it may take to get compensation for your nursing home lawsuit. Contact us right now to see if we can connect you.
Nursing Home Lawsuit Process
While it can seem intimidating, the nursing home abuse lawsuit process is relatively straightforward if you work with an experienced nursing home lawyer.
Learn about the steps to file a nursing home abuse lawsuit below.
1. Free Legal Case Evaluation
The first step in a nursing home lawsuit is to get a free legal case review. Top law firms offer free case consultations to verify that you qualify.
During your free consultation, a patient advocate will ask questions and help determine if you have a case. If it seems like nursing home abuse or neglect occurred, your case will likely be accepted.
2. Gathering Evidence
To win your case, your lawyer must prove that the facility, staff, or contractors were negligent. They will gather information and evidence related to your case to build a strong claim.
This evidence may include:
- Expert opinions on the standard of care and how it was breached
- Medical records documenting the injuries
- Photographs or videos of the injuries
- Records of the nursing home’s policies and staff training materials
- Testimonies from witnesses, including staff and other residents
Your legal team will then estimate how much compensation your family deserves for the harm you endured.
3. Filing the Nursing Home Lawsuit
Once your legal team has gathered solid evidence to build a strong case, they will file a complaint that explains the injuries and why the nursing home or its staff members are at fault.
A lawsuit against a nursing home must prove that:
- The facility was in a legal contract to provide care
- The nursing home failed to uphold its duty of care
- The resident’s injuries or death resulted from a lack of care
The nursing home (or its insurance company and lawyers) will typically respond with counterclaims, or they could automatically lose the case.
Once the case is filed, those suing become known as plaintiffs, and those being sued become known as defendants.
4. Settlement Negotiations
After each side has built its case, they will usually meet to try and settle the nursing home lawsuit before it goes to trial.
A successful nursing home abuse settlement occurs when the defendant’s lawyers agree to pay the plaintiffs a lump sum of money. If a settlement is reached, the lawsuit will end.
5. Trial Verdict
If the nursing home lawsuit is not settled out of court, it goes to trial for a judge or jury verdict.
Each party will have an opportunity to present their case and evidence. The judge or jury will then decide who wins the case through a verdict.
However, a settlement is still possible even as the trial occurs. Some nursing home abuse lawsuits have reached settlements just as a trial was about to conclude.
When Should I File a Nursing Home Abuse Lawsuit?
Take action right away if you are considering filing a nursing home abuse lawsuit. Laws known as statutes of limitations prevent legal action from being taken after a certain time period, and they can differ for each state.
Many states only allow one or two years after the harm to take action.
Additionally, it may be easier to gather evidence for more recent cases. For example, witnesses’ memories may be clearer if less time has passed. Physical evidence may also be easier to obtain right after the injuries occurred rather than if months or years have passed.
Experienced attorneys understand applicable state laws and statutes of limitations. They can help you file on time.
Get Help Filing a Nursing Home Lawsuit
Filing a nursing home abuse lawsuit can be far more manageable with the right team behind you. Attorneys at top law firms are skilled at handling all of the legal work, so you won’t have extra stress.
Before taking legal action, look for an attorney with direct experience winning nursing home abuse cases.
These lawyers can help you:
- Correctly file a nursing home abuse lawsuit on time
- Negotiate the highest settlement as quickly as possible
- Represent you in court during a trial if needed
- Seek justice to hold negligent facilities accountable
Our experienced legal partners can help families in all 50 states. Together, they have helped recover over $280 million through nursing home lawsuits.
Call the Nursing Home Abuse Center at (855) 264-6310 right now or get a free case review to see if you qualify to file a nursing home lawsuit.
Nursing Home Lawsuit FAQs
Is it difficult to sue a nursing home?
Not necessarily. It’s much easier to file a nursing home abuse lawsuit with a lawyer’s help. Lawyers can file a lawsuit, gather evidence, and pursue compensation so you can recover from the abuse and spend time with your loved ones.
It would be very difficult to sue a nursing home without an experienced attorney, as the legal system is so complex.
How much is a nursing home lawsuit worth?
Past nursing home abuse lawsuits have awarded $1 million or more. For example, a woman and her family won $1.2 million after she developed severe bedsores and a kidney infection while staying in an Illinois nursing home.
The best way to find out how much your nursing home abuse lawsuit could be worth is to talk with an experienced lawyer. Call us right now at (855) 264-6310 to see if we can connect you.
Are there deadlines to file a nursing home abuse lawsuit?
Yes. Statutes of limitations, which vary by state, place strict deadlines on how long you have to take legal action. Different nursing home abuse state laws may also influence the legal process.
Working with an attorney who has handled elder abuse cases in the past is the best way to ensure that your case is filed in time.
How long does a nursing home lawsuit take?
Nursing home lawsuits can take different amounts of time, depending on the specifics of the case. Some nursing home abuse lawsuits settle quickly, in just a few months, while others that go to trial can take several years to resolve.
