The average nursing home neglect settlement is $245,559. However, nursing home neglect settlement amounts can vary widely based on the severity of your injuries and the weight of the evidence against the nursing home. Our nationally recognized nursing home abuse lawyers have settled many nursing home neglect cases for $1 million and more.
A nursing home neglect settlement can compensate you for your pain, suffering, and financial losses. If neglect by a nursing home has harmed you or your loved one, our award-winning nursing home abuse lawyers can help.
What Is the Average Settlement for Nursing Home Neglect?
As pioneers in nursing home abuse litigation, our experienced nursing home abuse lawyers frequently achieve settlements that exceed $1 million. However, the average nursing home neglect and abuse payout in the United States is $245,559, and the majority of these cases involve nursing home neglect. The table below shows the average payout for each type of nursing home neglect as of 2021.
Type of Neglect | Average Payout |
Delayed medical treatment | $257,682 |
$278,826 | |
$360,840 | |
Improper care | $272,160 |
Failure to monitor | $270,452 |
$226,813 | |
$252,757 | |
Unsafe environments | $304,920 |
Failure to report changes to a physician | $287,415 |
$188,250 | |
Infections | $178,788 |
Head injury | $199,773 |
$284,384 |
Approximately two-thirds of pressure injury claims involved the death of a resident.
Our Nursing Home Neglect Settlements
As one of the first law firms in the nation to stand up to nursing homes on behalf of neglected residents, we have developed the most effective and aggressive approach to maximizing compensation in each nursing home abuse case. Our knowledge of state and federal nursing home laws is unmatched.
As a result, we achieve settlements that far exceed the national average. Below are a few examples of our nursing home neglect settlements:
- $2.8 million record settlement for a 59-year-old nursing home resident who developed painful bedsores that became infected and took four years to heal.
- $2.3 million settlement for the family of an 88-year-old assisted living facility resident who developed bed sores that led to her death. Her doctor was criminally indicted and charged with involuntary homicide.
- $1.5 million settlement for a nursing home’s failure to monitor a mentally impaired resident’s cigarette smoking, leading to severe burns and death.
- $1.5 million settlement for an 87-year-old nursing home resident who suffered severe burns when seated in a scalding sitz bath.
- $1.4 million settlement for a former nursing home resident who sustained injuries from a pressure sore.
- $1.2 million settlement for the family of an 82-year-old nursing home resident who died from bedsores so severe they infected her bones.
- $1 million record settlement for the family of an 83-year-old after a nursing home failed to implement a preventive care plan, resulting in the resident suffering multiple falls, including one final fatal fall.
- $1 million settlement for the family of an 82-year-old nursing home resident who suffered a fatal brain injury from a fall.
- $1 million settlement with a nursing home for the family of a 75-year-old resident who suffered malnutrition, dehydration, and pressure sores, resulting in death.
- $1 million settlement for the family of a wheelchair-bound nursing home resident who died of strangulation because the facility failed to monitor and implement an appropriate care plan.
How Are Nursing Home Neglect Settlements Calculated?
A nursing home neglect settlement amount depends on the following factors:
- Your medical expenses that stem from the neglect
- Lost wages of family members who took time off work to assist with your care or with moving you to another facility
- Your pain and suffering
- The negligent conduct that caused you harm
If you live in a state that allows punitive damages, this could increase your settlement amount. When awarded, punitive damages are typically substantial.
Punitive damages are awarded by a court after a trial. However, if a defendant knows your case may qualify for such damages, you can use that as leverage to increase the settlement amount.
Can I Recover a Settlement If My Relative Died from Nursing Home Neglect?
If you are the spouse, child, or next-of-kin of a nursing home resident who died from neglect, you may be able to pursue a wrongful death claim to obtain a nursing home neglect settlement. A settlement may include burial costs, your loved one’s medical expenses, and your loved one’s pain and suffering.
Depending on the laws of your state, your settlement may also include compensation for your intangible losses stemming from the death, such as loss of companionship and your family’s grief and suffering.
What Factors Determine Settlement Amounts?
Every nursing home neglect case is unique, and multiple factors play into the amount you receive.
Your Location
The laws about nursing home compensation vary from state to state. Some states limit the amount or types of damages you can recover, while others have no limits.
The Weight of the Evidence
A nursing home is more likely to agree to a fair settlement if your evidence is strong. Defendants agree to settle to avoid the risk of a high jury verdict and excess litigation costs. If your evidence is weak, the defendants may be more willing to take their chances in court.
The Severity of Your Injuries
The most severe injuries result in high medical expenses and increased pain and suffering. As a result, your settlement is likely to be higher if your injuries are particularly severe.
The Lawyer You Choose
Choosing the right lawyer is one of the most important ways to maximize your compensation. If your lawyer has a successful track record of winning large trial verdicts, a nursing home defendant will more likely offer the settlement you deserve.
We have seen this firsthand. Nursing home owners and their insurance companies throughout the nation know who we are. As a result, they know that we will not settle for less than our clients deserve. They know we can win in court because of our history of multiple historic trial verdicts.
If nursing home neglect has harmed you or your loved one, contact us today for a free consultation.
Frequently Asked Questions
Below are answers to questions we frequently receive about nursing home neglect settlements.
How Long Does a Nursing Home Settlement Take?
Obtaining a nursing home settlement can take several months. Nursing homes and their insurance companies often fight against paying compensation. Your attorney must perform a detailed investigation and produce strong enough evidence to convince the nursing home defendants that they could lose in court.
Sometimes, a settlement may not be reached until after a trial begins.
Is there a Time Limit on Pursuing a Nursing Home Neglect Settlement?
Every state sets a deadline by which nursing home neglect cases must be filed. This is known as a statute of limitations. The deadline varies from state to state but is typically two to four years. It is important to contact an experienced nursing home neglect lawyer as soon as possible after you are injured. If you miss the deadline, you can forever lose your right to a nursing home neglect settlement.
Are Nursing Home Settlements Taxable?
Nursing home settlements generally are not taxable. If your case goes to trial and damages are awarded, the damages designated as compensation for your injuries are not taxable. However, punitive damages may be taxable.
