If you’re considering submitting a nursing home 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 through a nursing home abuse claim.
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 claim 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.
The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have been a nursing home abuse victim and need to file a nursing home abuse claim. Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call. You can contact us for a free consultation, or read on to find out more.
By the way, we will also help with other problems that have cost you sleep, like finding a nearby doctor who can help you or recommending you to temporary or long-term care options. You and your family’s’ safety and health are our top concern, and even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.
To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports.
Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
What affects the settlement amount of my nursing home abuse claim?
Many different factors can have an influence on the total nursing home abuse claim settlement amount, these include:
- The cost of medical treatment needed following an injury
- The type of injury sustained, e.g. Bedsores or a hip fracture
- How much similar cases have been awarded at trial
Wrongful death cases, where the victim has passed away as a result of the abuse or neglect tend to have the largest settlement amounts.
Recent Arizona nursing home abuse claim settlement values:
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:
- Estate of Cote v. Five Star Quality Care, Inc. (May 28, 2015.): A wrongful death case where the estate were awarded compensatory and punitive damages in the amounts of $2,506,000 and $16,704,400, respectively.
- Fazio v. Life Care Centers of America, Inc: A case where the victim developed a serious bedsore and the the jury found for the plaintiff in the amount of $365,000.
- Baldwin v Winslow Convalescent Center Inc (December 12, 2016): A personal injury case where the plaintiff suffered multiple falls. Jury unanimously awarded $1 million in damages plus $4,780 medical expenses.
- Bucan v All Valley Management & All Valley Home Healthcare & Nursing Inc (January 1,2018): A personal injury and medical malpractice case where the plaintiff was neglected and suffered a fall. Awarded $109,734 medical expenses.
You can see more settlement examples by reading our articles on different nursing home abuse claim, including:
- Bedsore settlements
- Slip and fall settlements
- Wrongful death settlements
What about tax?
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?
How does Medicare & Medicaid affect nursing home abuse claim values?
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:
- Can the state take my father’s nursing home abuse settlement?
- If my mother’s nursing home abuse injuries were paid through Medicare can we file a claim?
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.
Who will receive the money?
This depends on the type of nursing home abuse claim 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.
Get Help Now
Our team of abuse attorneys is dedicated to seeking damages on behalf of those family members who are being abused and help you find better accommodations for them in the nearby area. We’ve worked on a number of nursing home abuse cases previously in your area and take the time to understand the family’s concerns as well as the situation they believe their loved one is in.
At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain compensation for their and their loved one’s personal injuries, and filing nursing home abuse claims in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.
If you or a loved one has been the victim of nursing home abuse and needs to file a nursing home abuse claim, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.