Pursuing a claim for nursing home neglect isn’t necessarily about the compensation for many victims’ families. Their primary aim is to hold nursing homes accountable for their actions and ensure staff members don’t hurt anyone else. Pursuing a claim for nursing home neglect in California is complicated. Understandably, you might be wondering, What is the average settlement for nursing home neglect in California? Nursing home neglect and abuse cases can resolve for vastly different amounts.
If you believe you have a personal injury claim for nursing home neglect in California, it’s best to speak with an experienced California nursing home attorney at Silva Injury Law. We have years of experience with these types of lawsuits and can review your case to help you better understand the individual value.
How Much Is a Nursing Home Neglect Case Worth?
Determining the value of a nursing home neglect lawsuit depends on multiple factors. In some instances, two similar cases resolve for significantly different amounts. One case of nursing home neglect might be worth $10,000, while the other is worth $100,000. That is why it’s impossible to provide a general number for the average settlement for nursing home neglect cases in California.
Recoverable Damages in a Nursing Home Neglect Lawsuit
To better understand how parties settle, it’s necessary to familiarize yourself with the types of damages the victim and your family could receive.
The first category of damages is called economic damages. Economic damages might include compensation for:
- Any medical bills, including doctor visits, medication, hospitalization, medical devices, diagnostic tests, etc.;
- The cost of moving to a different nursing home;
- Physical therapy and counseling; and
- Other related costs your family incurred due to the victim’s injuries.
Your lawyer will explain what financial losses and expenditures count as economic damages.
Non-economic damages include the physical, emotional, and psychological damages that result from the victim’s injuries. Victims may experience despair, emotional distress, pain and suffering, and reduced quality of life. Non-economic damages are subjective because there are no accompanying financial losses. That is why hiring a California nursing home neglect lawyer is crucial. You need a legal advocate to help you build a strong case that supports the maximum compensation for non-economic damages.
In limited situations, the court might award punitive damages. Punitive damages apply only when there’s clear evidence of fraud, malice, or oppression. Juries and judges don’t award punitive damages to compensate the victim but rather to punish the defendant. The hope is that the defendants won’t engage in similar behavior again. California Civil Code Sections 3294 – 3296 outline punitive damage awards. California law defines situations when punitive damages apply as:
- Malice. Malice involves actions by the defendant that are intended to cause injury to the plaintiff or despicable conduct that shows a willful and conscious disregard for the safety and rights of others. When a nursing home staff member knowingly deprives the resident of their rights, they could be guilty of malice.
- Oppression. Oppression occurs when the defendant’s despicable conduct subjects the plaintiff to unjust and cruel hardship with a conscious disregard for the plaintiff’s rights. In a nursing home setting, an example of oppression is when the facility knows the resident’s rights are not protected.
- Fraud. Fraud is any deceit, intentional misrepresentation, or concealment of a material fact that the defendant knows with the intention to deprive the plaintiff of their legal or property rights. An example is when facility representatives make false statements to a family member or fail to disclose a significant deficiency.
Proving malice, oppression, and fraud are not as easy as you might assume. That is why documenting everything related to possible nursing home neglect is crucial.
Wrongful Death Damages
Unfortunately, nursing home neglect can lead to a resident’s death. Should your family member pass away from injuries related to the nursing home’s actions, surviving family members could file a wrongful death lawsuit in California. Wrongful death damages compensate families for their losses rather than the deceased’s damages. However, there’s something called a survival action that could allow your family to collect compensation that the deceased would’ve been entitled to in a personal injury lawsuit.
Contact Silva Injury Law Today
If you are searching for answers to what is the average settlement for nursing home neglect in California, contact Silva Injury Law today. We have years of experience assisting families to recover compensation when their loved one has suffered nursing home neglect in California. We have a reputation for success and work tirelessly to help our clients hold defendants responsible for their actions. With Attorney Michael Joe Silva’s prior experience as a prosecutor, we know what it takes to build a successful case.
If you suspect your family member is suffering neglect at their nursing home’s hands, contact us immediately to schedule a consultation.
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.