There is no average nursing home abuse settlement value for cases in Maryland, as each case depends on its unique circumstances. The amount of compensation varies based on factors like the extent of the injuries, the costs of medical care, and the emotional toll on the victim and their family.
Some cases may result in larger settlements if there is significant or long-term harm, while others may settle for different amounts depending on the situation.
To get a better understanding of what your case may be worth and what legal options are available, a Joppatowne nursing home abuse lawyer can help answer your questions and guide you through the legal process.
Key Factors that Influence the Settlement Value of a Maryland Nursing Home Abuse Claim
When pursuing a nursing home abuse claim in Maryland, several factors can affect the potential settlement amount. Each case is different, and understanding these factors can help you get a clearer picture of what to expect:
Severity of Injuries
The extent of the injuries suffered by the nursing home resident is a major factor in determining the settlement value. Serious or permanent injuries, such as broken bones, bed sores, or cognitive decline caused by neglect, can increase the potential nursing home settlement. The more severe the harm, the higher the financial compensation may be to cover medical expenses and long-term care.
Medical Expenses
The costs associated with medical treatment play a significant role in calculating settlement amounts. This damage includes not only immediate medical bills but also ongoing care, rehabilitation, and any future treatment that may be required as a result of the abuse or neglect.
Emotional and Psychological Impact
In addition to physical injuries, the emotional and psychological harm suffered by the victim is often considered in the settlement. Nursing home abuse can lead to anxiety, depression, and trauma, all of which can impact the quality of life and lead to higher compensation.
Liability and Evidence
Clear evidence of abuse or neglect can strengthen your case and potentially lead to a higher settlement. If the nursing home or its staff are found liable through documentation, witness testimony, or video evidence, it can impact the final outcome. The strength of the evidence presented can heavily influence the settlement negotiations.
Insurance Policy Limits
In some cases, the nursing home’s insurance policy may limit the amount of compensation available. The insurance policy of the facility will determine the maximum payout, which can sometimes cap the settlement, regardless of the extent of the damages.
A personal injury lawyer can help you assess the specifics of your case and work towards the best possible outcome. However, you only have three years to file a nursing home abuse lawsuit under Md. Cts. & Jud. Proc. Code § 5-101.
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Types of Damages in a Nursing Home Abuse Claim
When a loved one suffers abuse or neglect in a nursing home, the law provides for different types of damages to compensate the victim and their family. Understanding the types of damages available can help families see what they may be entitled to pursue in a personal injury claim.
Economic Damages
Economic damages cover the tangible, out-of-pocket expenses that arise due to the abuse or neglect. These are direct financial costs and can include:
- Medical bills: Nursing home abuse often leads to injuries or health complications that require medical attention. Economic damages may include the costs of emergency treatment, hospital stays, surgeries, medications, and follow-up care.
- Rehabilitation costs: If the abuse or neglect results in long-term physical or psychological damage, rehabilitation and therapy may be necessary. This can include physical therapy, counseling, or specialized care to help the victim recover.
- Relocation expenses: If it becomes necessary to move the victim to a new facility to ensure their safety, the costs of relocating to another nursing home or care environment can be claimed.
- Loss of income: If you are unable to work while you care for your injured loved one, any lost income due to the abuse may be recoverable.
Non-Economic Damages
Non-economic damages compensate for the intangible harm caused by nursing home abuse. These damages are more subjective and may be harder to quantify, but they are just as important. Examples include:
- Pain and suffering: Abuse can cause severe physical pain, emotional suffering, and psychological trauma. This includes both the immediate suffering caused by the abuse and any ongoing physical or emotional discomfort.
- Emotional distress: Victims of nursing home abuse may experience fear, anxiety, depression, or other forms of psychological trauma. Emotional distress damages address the impact of this trauma on the victim’s overall well-being and quality of life.
- Loss of enjoyment of life: Abuse can strip away a person’s ability to enjoy daily activities, engage in social interactions, or live independently. Damages for loss of enjoyment of life compensate the victim for these losses.
Punitive Damages
In some cases, the court may award punitive damages in addition to economic and non-economic damages. Punitive damages are not meant to compensate the victim but rather to punish the nursing home for its egregious conduct and to deter similar behavior in the future.
Punitive damages may be awarded if the abuse or neglect involved intentional harm, gross negligence, or reckless disregard for the safety and well-being of the resident. While these damages are less common, they can significantly increase the value of a claim when they apply.
Wrongful Death Damages
If the abuse or neglect results in the death of a resident, family members may pursue a nursing home wrongful death claim. This allows the family to recover both economic and non-economic damages related to the loss of their loved one, such as:
- Funeral and burial expenses.
- Loss of financial support or services the deceased provided.
- Loss of companionship, care, and guidance.
Each nursing home abuse claim is unique, and the damages sought depend on the specifics of the case. A nursing home abuse attorney can help evaluate the economic and non-economic losses suffered, investigate the abuse, and ensure that all possible compensation is pursued.
Get Help with Your Maryland Nursing Home Abuse Claim Today
Adam Smallow Injury Lawyers can help you navigate the complexities of a nursing home abuse claim and fight for the compensation your family deserves. Our law firm works on a contingency basis, so you pay nothing unless we recover damages for you.
Our nursing home lawyers understand how difficult these cases can be and are here to provide the guidance and legal support you need.
Call us today for a free consultation to discuss your case and explore your legal options. Let Adam Fight for your loved one’s justice.
Call or text (410)777-8960 or complete a Free Case Evaluation form