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Michael Silva, Founder of Silva Injury Law Last Updated: Sep 9, 2022
Elder Abuse Valuing Cases

When you place your loved one in a nursing home facility, you expect caretakers to treat them adequately. Still, nursing home abuse is much more rampant than you might think.

Contact our compassionate and knowledgeable lawyers today if your loved one has been a victim of nursing home abuse. Our Silva Injury Law attorneys can discuss any questions about your potential settlement amount.

Average Nursing Home Abuse Settlement

Most claims in a lawsuit for nursing home abuse end in a settlement instead of a trial. Settlements can help victims of elder abuse and their families recover damages more quickly than a trial. This is especially crucial when victims need to recover from severe injuries. Nevertheless, settlements cannot entirely erase the abuse. You may be wondering, What is the average settlement for nursing home abuse in California?

In California, there is protection for elders and dependent adults through the Elder Abuse and Dependent Adult Civil Protection Act. Still, the amount a nursing home abuse case can settle for can vary widely depending on the circumstances involved. The type of abuse and damage that has occurred, for example, can alter available damages.

What Affects Nursing Home Abuse Settlements?

Several factors might affect the amount of a nursing home abuse settlement.

The Amount of Medical Expenses

The amount of medical costs can change the amount of this kind of settlement. Medical expenses can consist of emergency hospitalization, surgeries, doctor visits, and prescription medication costs.

The Injuries or Harm to the Patient

There are multiple types of nursing home neglect or abuse that could result in a settlement. These could be physical abuse, emotional abuse, sexual abuse, financial abuse, or others. The amount or extent of the injuries or harm to the resident may alter the settlement amount.

Pain and Suffering of the Resident

The pain and suffering of the resident are harder to quantify and are one reason settlement amounts vary so widely. A patient with a fracture, for example, may recover more for pain and suffering than a patient with a minor bruise.

Stolen or Missing Funds or Property

Additionally, you might be able to recover damages if there was an incident of financial abuse. Financial abuse may have occurred if a caretaker or employee stole any assets or funds.

Get in touch with our experienced attorneys for more information about what circumstances may affect the amount of your settlement.

Liability Insurance

Sometimes the amount you can recover in a nursing home abuse or neglgect case may be limited by the facility’s insurance coverage. While California law imposes minimum insurance requirements on nursing facilities, those limits may be insufficient to cover your damages. If a nursing facility is faced with multiple lawsuits from different patients, they may even file for bankruptcy to try to avoid responsibility. An experienced nursing home abuse attorney can help you indentify and pursue all potential avenues of recovery.

Damages You May Recover

There are various types of damages that you might recover in a nursing home abuse settlement.

Economic Damages

In California, economic damages are damages that are related to a monetary loss. The idea behind economic damages is that they help make you, the plaintiff, whole or help return you to where you were before the nursing home abuse incident occurred. These damages might involve:

  • Medical expenses—this may include the resident’s medical bills due to the abuse or medical treatment; and
  • Loss of use of property—this may apply if the resident’s property was damaged or stolen due to financial abuse.

For further information on how you may be able to recover compensation, reach out to an experienced attorney.

Noneconomic Damages

Noneconomic damages in California are less quantifiable. These involve intangible losses that have taken place due to nursing home abuse. These may include the following:

  • Pain and suffering,
  • Inconvenience,
  • Mental suffering,
  • Emotional distress, and
  • Loss of consortium.

Any of these damages might be possible in a nursing home abuse settlement. The damages available depend on the specifics of your claim.

How Our Lawyers Can Help

Our attorneys at Silva Injury Law are here to assist you every step of the way. We believe in compassionate advocacy for every client that comes through our doors.

Our lawyer Michael Joe Silva has worked as a deputy district attorney for the Merced County District Attorney’s Office. He also has extensive experience as a personal injury attorney. Contact us today.
Find Out How We Can Help

At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.