Estimating The Value Of A Nursing Home Abuse Case
Like any other civil case involving allegations of negligence or intentional misconduct, the value of a nursing home abuse lawsuit will depend on a few different factors, including the severity of the harm suffered by the victim and the degree of negligence or recklessness exhibited by the defendant. Having an experienced Tulsa nursing home abuse lawyer on your side can also, however, play a role in maximizing your settlement and ensuring that your loved ones are fairly compensated for their losses.
Estimating the Value of Your Claim
The value of a nursing home abuse case is basically the estimated amount that a legal claim is worth. This number gives plaintiffs a better idea of the kinds of compensation they can receive if their claim is successful. The values of these kinds of claims can, however, vary significantly depending on the facts of the case, with some worth hundreds of thousands or even millions of dollars.
Settlements vs Trial Verdicts
The amount that a person could collect will also vary depending on whether he or she settles the claim or goes to trial. Settlements occur when a defendant agrees to pay a plaintiff a lump sum in exchange for not going to trial. Settlements are often significant and also tend to be resolved more quickly than trial, although in some cases, they could be less than a person would recover if a case were litigated.
When two parties cannot agree to settle, their nursing home abuse case will go to trial, where a jury will issue a verdict on the case. This verdict will be accompanied by a monetary figure, representing what the plaintiff can collect in damages from the at-fault party. While it is true that juries often award more compensation than a person could recover if he or she agreed to settle, there is also a certain amount of risk in going to trial, as a plaintiff could end up walking away with nothing.
Factors Affecting the Value of a Claim
The value of a nursing home abuse case is largely based on damages, or the costs that the victim had to bear because of the abuse or neglect. This in turn, will depend on a few different factors, including the severity of the victim’s injuries and the degree of negligence exhibited by the defendant. Generally, the more severe the injury or the more blatant the abuse, the higher this number will be. In especially egregious cases, a jury could even be willing to award punitive damages to punish the defendants for their actions. A few other factors will affect the value of a claim, including how much compensation a plaintiff thinks is fair, how much the defendant can reasonably pay, and what kinds of damages other juries awarded to plaintiffs in similar cases in the area.
Call Today to Set Up a Free Consultation
For help estimating the value of your own loved one’s nursing home abuse case, please call the dedicated Tulsa nursing home abuse attorneys at Levinson Law, P.C. at 918-492-4433 today.
Resource:
law.cornell.edu/wex/settlement
