If you’re considering submitting an abuse claim against your loved one’s nursing home you’ll not only want justice on their behalf but to understand the financial compensation that may be available.
If you’ve lost a loved one and suspect that their death could have been prevented there are usually financial repercussions to face as well. Whether that is significant medical costs, funeral expenses or other bills to pay.
The average nursing home abuse lawsuit in the US recovers over $400,000 in damages, this amount rises further still if there’s been a wrongful death following abuse or neglect. This can go a long way to covering ongoing medical expenses your loved one may now face or settling their affairs if they are no longer with you.
Many different factors can have an influence on the total settlement amount, these include:
Wrongful death cases, where the victim has passed away as a result of the abuse or neglect tend to have the largest settlement amounts.
You can get a better idea of how much abuse and neglect cases settle for by looking at the value of recent successful cases:
Here are some recent abuse and neglect cases in Arizona, along with their settlement amounts:
You can see more settlement examples by reading our articles on different abuse settlements, including:
All of the case values quoted don’t deduct any tax due on the settlement, any tax would need to be paid separately.
Thankfully, many nursing home abuse settlements are tax free because they are treated in the same way as a personal injury claim. However, there are some exceptions – especially when the settlements are very large.
For more information on how nursing home abuse settlements are taxed read our article: Are Income Taxes Paid on Wrongful Death Settlements?
When you receive your settlement there is a chance that you could be asked to pay a portion of it back to the government.
If your loved one was treated for their injuries following an abuse or neglect case and they were paid for using Medicare or Medicaid they are often entitled to claim these costs back from your settlement. This is called placing a lien on your settlement.
To find out more we’ve looked into how Medicare can affect settlement payments in a couple of different scenarios:
If you’ve got any more questions about how medical insurance could impact the value of your settlement, feel free to contact the team for a free consultation.
This depends on the type of case you file and whether your relative or loved one which suffered the abuse is still alive when the money is paid.
You can read our article who will receive payment in a nursing home wrongful death settlement for more information.
If you’d like to see your loved one’s nursing home’s record you can use our Nursing Home rating tool to check how the nursing homes in Arizona compare.
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