How Much is My Nursing Home Abuse Case Worth?
If your elderly loved one was injured in a nursing home, then you are probably wondering what your case is worth. Regardless of whether your elderly loved one’s nursing home abuse took place in Seattle, Kirkland, Olympia or Bellingham, or anywhere in Washington State, you or your elderly loved one has the right to bring a claim against the nursing home or assisted living facility for damages.
It is important to understand how the law will compensate you for these injuries. It is also crucial to understand that after a nursing home injury, that the elderly loved one may not have the mental capacity to bring a claim on their own. If that is the case, then someone over the age of 18 may have to be appointed as a GAL, which stands for Guardian Ad Litem for the elderly person. This would be appropriate if the case was filed in court and litigation ensued.Damages Explained
After a loved one has been abused or suffered some kind of injury at a nursing home or assisted living facility, then it is important to recognize the various kinds of damages that are allowed. These damages are separate categories that represent a total settlement the injured elderly person can receive. They are:
- Medical bills
- Future medical bills
- Out of pocket expenses
- Loss of consortium
If your loved one has received bills for their injuries, then these bills should be paid for
by the defendant nursing home or assisted living facility. The key here is being able to prove which of the medical bills are related to the abuse at the nursing home and which are not. If your loved one had a pre-existing condition that was similar to the injuries from the nursing home, then it is important to be able to separate these injuries.
Future medical bills should also receive a designated settlement amount. If your loved one’s injuries are so serious as to need future care to treat them, then money needs to be specified and earmarked for those medical bills. Your loved one should not be forced to bear them.
Out of pocket expenses are those expenses such as bandages, a wheelchair, or crutches. These damages area a sum of money that are intended to compensate your loved one for those damages that could be described as incidental, meaning things other than medical bills. These may not represent a lot of money, perhaps only a few hundred dollars, but they should be paid for by the insurance company for the nursing home or the nursing home or assisted living facility. In addition, money to pay for gas for going to various appointments should also be paid out as a damage.
Loss of consortium. This kind of damage is for the spouse or legal partner of your loved one. For instance, if the elderly’s husband or wife lost out on some important part of their relationship because of the abuse or negligence by the nursing home, then they deserve to be compensated.Pain and Suffering
Pain and suffering is just what it sounds like: it is money for the pain and suffering your elderly loved one has endured for the negligence that the nursing home committed. Calculating an exact amount for this can be difficult. There is no law in Washington State that explains how much this amount should be for or how much is the right amount.
Insurance companies and juries simply have to use their best estimation for what this amount should be. There is, however, usually a slight relationship between how much you receive in pain and suffering and the amount of the medical bills. It would be unrealistic to expect hundreds of millions of dollars, for example, for a bed sore that only had a medical bill of a few thousand dollars. The only reason for this is that the two numbers are not in any way similar to each other.
If you have additional questions about how much you should receive in pain and suffering for your case, feel free to call us for a free consultation.Understanding Insurance
When dealing with a nursing home or an assisted living facility, it is important to understand that a great many of them will have insurance companies who insure them. Why is this important? It is important because when you make a claim against a nursing home or assisted living facility, the insurance company will often step in and defend the facility or home just like an insurance company would in a car accident case, where the driver has car insurance.
The reason this is so important is that you are dealing with a large insurance company, not the nursing home or assisted home directly. The insurance company is normally much more difficult to work with and will fight to see your loved one’s recovery minimized. The Jackman Law Firm has the resources to deal with the insurance company or the nursing home directly and make sure you receive a fair settlement for the negligence committed by the nursing ome.How The Jackman Law Firm Can Help
After the nursing home commits an act of negligence against your loved one, you have the right to bring a claim against them for their negligence. The Jackman Law Firm can help you recover money for medical bills, future medical bills, pain and suffering, loss of consortium, and out of pocket expenses. This settlement should be amount that adequately compensates your loved one for what they have been through.
While we can recover these damages, it is important to understand that these damages may not be just handed out without first establishing liability. In many cases, this is not easy and you have to be able to prove that the nursing home or assisted living facility acted negligently in some manner. We can help in this regard. We can interview key witnesses, take depositions, and send subpoenas to get documents that may help prove your case. In every personal injury case, you have to first establish liability—that is, prove the nursing home was somehow liable—before you can begin to discuss the amount your loved one should receive in pain and suffering.
Finally, we can also negotiate with the insurance company for a fair settlement. If that falls apart, we can also go to court and make sure we aggressively and exceptionally represent you in court to ensure you get the best possible settlement for your case.