Nursing Home Abuse Settlements
The victims of nursing home abuse aren’t always required to go to court in order to obtain compensation for their losses. Instead, claimants can attempt to reach a settlement with the facility in question. Going this route has a number of benefits, as settlement negotiations are often resolved much more quickly than litigation and can help injured claimants avoid the stress that so often accompanies trial.
The amount of a nursing home abuse settlement will depend on a number of factors, including the strength of the evidence against the facility and the severity of the claimant’s injuries. To get a better idea of the settlement process and what your family may be able to negotiate with your loved one’s nursing home, please call our dedicated Tulsa nursing home abuse lawyers today.
What is a Nursing Home Abuse Settlement?
Nursing home settlements are basically legal agreements between the person filing the claim and the accused, in which the claimant agrees to accept a negotiated monetary settlement in exchange for agreeing not to go to trial. Because it is often less risky and time-consuming, many nursing home abuse victims are encouraged to at least attempt the settlement process before filing a claim in court.
The Benefits of Nursing Home Settlements
There are actually a number of benefits in attempting to reach a nursing home settlement to recover compensation after allegations of abuse. Besides avoiding the uncertainty and time-consuming nature of litigation, agreeing to accept a settlement offer can give claimants access to compensatory damages more quickly, which is often necessary to cover medical bills and other costs. Settlement negotiations are also confidential, so claimants can expect a much greater degree of privacy if they enter into this type of agreement. Finally, claimants can also save money on legal fees, while still collecting the funds that they need to help them move on with their lives.
Settlement Factors
The amount that a nursing home abuse victim can expect to receive in a settlement depends on a variety of factors, including:
- The extent of the alleged abuse;
- The severity of the claimant’s injuries;
- The strength of the case;
- Whether the case falls under federal or state court jurisdiction; and
- Legal precedent, including settlements from similar cases in the jurisdiction.
Whether these factors weigh in a claimant’s favor will largely dictate whether he or she should consider a settlement. If, for instance, there is strong evidence, including video footage, eyewitness testimony, and medical proof, to demonstrate the alleged abuse, then a claimant can not only hold out for a more valuable award, but can also be more confident about the results of litigation if the case goes to trial. Someone whose loved one passed away as a result of his or her abuse-related injuries can also expect to receive a higher settlement award than someone who suffered injuries, but was able to recover.
Experienced Tulsa Nursing Home Abuse Lawyers
For help weighing the costs and benefits of settlement versus litigation in your own nursing home abuse case, please call 918-492-4433 and speak with one of the dedicated Tulsa nursing home abuse lawyers at Levinson Law, P.C. today.
Resource:
law.cornell.edu/wex/settlement
