South Carolina Nursing Home Abuse Settlements
Nursing Home Abuse
A nursing home abuse case may result in a significant amount of compensation. Depending on the facts of the case, this amount can exceed $1 million. Working with an experienced nursing home abuse lawyer can help you maximize your case’s value and ensure that you are fairly compensated.
Getting a settlement from gathering evidence to evaluating your case, from filing the claim and negotiating to receiving a check that covers all of your expenses. involves going through complicated procedures that most people can’t complete on their own. Here’s why you want an experienced South Carolina nursing home abuse attorney to go after the compensation you or your loved one need.
Nursing Home Abuse Settlements Everything You Need to Know
Almost 95 percent of pending lawsuits end in a pre-trial settlement, which means only about one in 20 personal injury cases resolves in the courtroom. Most nursing home abuse cases end up settling.
The Health Affairs report indicates that these cases tend to result in $406,000 in damages per claim. This study accounts for both out-of-court settlement and trial verdicts, and the facts of each case can raise or lower this number.
If you or a loved one has suffered from nursing home abuse, you may receive significant compensation for your damages and losses. To go after the maximum amount of money you can get, reach out to an experienced South Carolina nursing home abuse attorney as soon as possible. The sooner you call, the faster a lawyer can review your case, determine if you have a viable lawsuit, and help you fight for the compensation you deserve
What Exactly Is a Nursing Home Abuse Settlement?
Nursing home abuse settlements are a legal agreement between the plaintiff (the party filing a nursing home abuse lawsuit) and the defendant (the party being sued). During the settlement process, the plaintiff receives a negotiated amount of money to cover their pain and suffering, medical costs, and future losses in exchange for voluntarily dismissing any related litigation.
If parties cannot agree during settlement negotiations, the case may go to trial. In general, most nursing home cases tend to settle as parties prefer to stay out of the courtroom due to the time, costs and risks of losing associated with going to trial.
Recent South Carolina Nursing Home Abuse Settlement Amounts
Even though each nursing home abuse case is different and the settlement amounts depend on the facts of the case, below please find some of our most recent South Carolina nursing home cases.
With these results, we hope to give you a better sense of the value of a nursing home lawsuit:
- $200,000 for a nursing home resident who suffered falls in the nursing home, which caused them to endure a hip fracture and need surgical repair.
- $215,000 for a nursing home resident who was given medication at the wrong dosage while residing in a nursing home.
- $220,000 for a nursing home resident who developed pressure sores while living in the nursing home.
- $240,000 for a nursing home resident who suffered an infection at a nursing home facility and became septic.
- $260,000 for a nursing home resident who was allowed to go almost eight days without proper nutrition or hydration while residing in a nursing home.
- $340,000 for a nursing home resident who suffered from a complete lack of care causing pressure sores, a UTI, dehydration, and ultimately their death.
- $475,000 for a nursing home resident who suffered an amputation.
- $500,000 for a nursing home resident who was allowed to suffer from a stage four bedsore.
- $750,000 for a nursing home resident who suffered from numerous assaults and repeated attacks, which resulted in an eye socket injury. In addition, the resident was allowed to choke, which caused the individual to no longer have any brain activity and die.
- $875,000 for a nursing home resident who broke their pelvis and neck in a wheelchair accident while in a nursing home.
- $1 million for a nursing home resident who developed a pressure ulcer while residing in a nursing home.
What Factors Generally Affect Nursing Home Abuse Case Values in South Carolina?
Unfortunately, no attorney can tell you exactly how much your nursing home abuse case will be worth. Too many factors that can affect the value of a case and, ultimately, your payout.
For instance, consider the following factors:
#1. The Nursing Home’s Abuse History
If the nursing facility in question has past citations for negligence or abuse, this history can often add value to your legal claim.
#2. The Medical Expenses Related To Your Harm
During settlement negotiations, your attorney will want to obtain compensation to cover the cost of your current medical care and your long-term medical services required because of the harm sustained.
#3. The Evidence Gathered From the Incident
Another factor that can significantly increase the value of a nursing home abuse case in South Carolina is the documentation gathered. These documents can provide concrete evidence that injuries were suffered at the hands of the nursing home and its staff. This evidence can include pictures and videos of how the nursing home staff neglected or abused the victim, medical records, and bills related to the injury.
#4. The Severity of the Abuse
Generally, the more severe the nursing home abuse case is, the more compensation the victim can receive. Experienced nursing home abuse lawyers often look at the type of harm the victim experienced and how long the abuse occurred before they try to settle a case. In addition, these attorneys will also want to verify if the individual passed away from this neglect or abuse.
#5. The Ability to Obtain Punitive Damages
Depending on the circumstances of the case, punitive damages may also be awarded. Unlike other types that compensate the victim for their losses, punitive damages punish the abuser and discourage future wrongdoings. These damages are only awarded if the victim’s lawyer can show through clear and convincing evidence that the harm suffered resulted from the defendant’s wanton, willful, or reckless conduct.
#6. The Other Factors Involved
In addition, this case value may also be affected by:
- The strength of the arguments and evidence presented
- The amount of compensation the victim thinks is fair
- The amount of money that juries have awarded in similar cases
- The amount of money the defendant can reasonably pay, such as through their insurance
Different Types of Nursing Home Abuse Cases in South Carolina
Typically, when the victim of nursing home abuse files a lawsuit, they usually consider the following two types of claims:
A Breach of a Contract
A breach of contract claim usually addresses the nursing home’s failure to perform a part of the contract. For instance, if a nursing home resident fails to get the proper care required by law, the resident can sue the nursing home for a breach of contract. If the resident wins this breach of contract claim, they may be able to collect the money they paid to the nursing home.
In these types of claims, the victim may be limited in how much money they get for their case, especially if the insurance policy does not cover breach of contract claims. For these reasons, it is best to speak to an attorney as soon as possible following the discovery of nursing home abuse. These attorneys can not only help determine if you have a valid legal case, but they can also figure out if this type of claim is best for you.
A Tort Claim
On the other hand, tort cases often involve taking a look at the wrongful actions that occurred outside the breach of contract. For example, if a nursing home resident developed a severe pressure ulcer due to the nursing home’s neglect, they can sue the facility for the harm and losses they endured because of this neglect.
Tort claims usually involve neglect and abuse that are covered under most nursing home liability insurance policies, which means these types of cases can offer substantially higher compensation amounts.
How Can the Local Jurisdiction Affect the Value of a Nursing Home Abuse Case in South Carolina?
State and local laws can affect the value of a nursing home abuse case. Take, for instance, the statute of limitations. These laws mandate the maximum amount of time an individual has to file a case following an alleged offense. If these individuals do not file their lawsuit within that time, they can be barred from collecting the money they need for their harm and losses.
In South Carolina, the statute of limitations for filing a nursing home abuse case is three years from the date of the injury. Exceptions to this rule can change this filing period.
In addition, the different jurisdictions may also affect the case value by:
- Setting precedents for settlement amounts and court verdicts based on past awards
- Setting limits on punitive damages
- Setting limits on non-economic damages
Thankfully, when you work with a knowledgeable South Carolina nursing home abuse lawyer, these attorneys can not only verify the total amount of time you have to file your case, but they can also go over all the factors that can impact the value of your claim and ensure they fight for the maximum compensation you need.
Maximize Your South Carolina Nursing Home Abuse Settlement with an Experienced Nursing Home Abuse Attorney Fighting For Your Rights
Determining the value of a nursing home abuse settlement is not easy. In truth, it is a complicated process that involves going over numerous elements that can affect the overall value of a case.
Even though there is no way to guarantee that you can receive a specific amount of money from these types of cases, working with an experienced South Carolina nursing home abuse lawyer can provide you with an accurate estimate of how much money you may be looking at. Plus, these lawyers can prepare the strongest case on your behalf to maximize your case value and go after the justice you deserve.
To get you these damages, these lawyers can:
- Go over the incident in detail, evaluate your legal claim, and determine if you have a viable case.
- Answer the questions you have about your potential settlement and the legal process involved.
- Investigate the abuse that occurred and secure the evidence needed to prove fault and damages.
- Bring in the experts such as doctors and other medical professionals to substantiate your claim.
- Ensure the case is prepared correctly and filed within the set deadlines.
- Negotiate with the other side, including the insurance company, and go after the best possible settlement offer.
- Take your case to trial if the other side is unwilling to negotiate fairly and fight for maximum damages.
If you or a loved one suffered because of nursing home abuse in South Carolina, get a free case consultation today. Contact an experienced South Carolina nursing home abuse attorney and let these lawyers help you figure out how much your case is worth and go after the financial recovery you deserve.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.