If your loved one suffered due to neglect in a nursing home, you’re likely facing grief, anger, confusion, and difficult questions about what comes next. Eventually, you might ask the question that nearly every family asks, “what is this case really worth?” The honest answer is – it depends. That might be frustrating, but it’s the truth. No two cases are alike, and the value of a settlement relies on a mix of factors that relate to your situation. Here’s what actually matters.
How badly was your loved one hurt?
The most important factor is the seriousness of your elder abuse or neglect injuries. Cases involving significant injuries, such as deep pressure sores, bedsores, traumatic falls with serious injuries, severe malnutrition leading to extreme weight loss, untreated serious infections, and even preventable deaths are worth more than cases involving minor injuries.
The more severe and longer lasting the injuries/harm to the resident, the more a case is worth. Sometimes a resident suffers from permanent injuries/damage as a result of the neglect. Such injuries can affect the resident’s quality of life. In severe cases, the neglect can result in the resident’s death. Wrongful death claims are frequently filed in such cases and include compensation for loss of companionship, funeral expenses, etc.
How much evidence do you have?
While a tragic story is often heartbreaking, it is not enough to establish liability and obtain compensation for victims and their families without some form of evidence. Some of the types of records and information that can provide valuable evidence of neglect and abuse in New Jersey nursing homes include:
- medical records
- internal facility records and staffing patterns
- logs of when staff are on and off duty
- state inspection reports
- prior violations and infractions committed by the facility
- eyewitness testimony from other residents, family members or staff members of the facility
It is also important to get the perspective of an expert witness such as a doctor to discuss how the standard of care was compromised and how that led to your loved one being harmed by substandard nursing home care. A strong medical explanation can be the difference between a powerful and weak negotiation position.
What did the neglect actually cost you?
Economic damages are the out-of-pocket losses you can quantify — like medical bills for treating injuries caused by the neglect, the expense of moving your loved one to a safer facility, rehabilitation costs, and any other expenses your family faced because of what happened. Document everything. Save every receipt, bill, and record. These form the solid foundation of what you are owed.
Not everything has a price tag, but that doesn’t mean it doesn’t matter. The physical pain your loved one experienced, the shame of being neglected in a place meant to care for them, and the emotional strain on your family are all real losses, even if they’re harder to measure.
A good lawyer knows how to share your loved one’s story in a way that makes those losses feel significant to the people on the other side. That can have a big impact.
Was the facility’s behavior especially bad?
While some forms of neglect are careless, other forms are even intentional. Understaffing a facility to save money, covering up injuries to residents, or a pattern of abuse are all extreme examples of situations that can change a case from one of ordinary neglect to one that seeks punitive damages.
Even if someone has documented all of these abuses in the past, if there is no proof of injury, a case may not change. However, when a nursing home crosses that line, courts award both compensatory damages and punitive damages. The latter are not meant to compensate a plaintiff for their losses. Rather, their purpose is to punish the defendant for their egregious conduct and to hopefully serve as an example to others in the field. They can significantly increase the value of a case.
What’s the facility actually able to pay?
This is a practical reality that doesn’t get enough attention. Even if you have a strong case, the nursing home’s insurance and financial resources limit what you can realistically recover. A good lawyer will investigate this early, checking insurance policy limits, looking into whether a parent company or management group shares responsibility, and understanding the realistic limits before negotiations start.
Does the facility have a history of problems?
New Jersey nursing homes undergo state inspections, and those records are public. A facility with a long list of citations, violations, and fines has a powerful history. It becomes much harder for them to claim that your loved one’s situation was just a one-time mistake. Facilities with such histories often feel more motivated to settle because they want to avoid a jury seeing the entire scope of their operations.
$750,000 Settlement: Nursing Home’s Failure to Provide Medication Proves Fatal
When a nursing home fails to administer a resident’s prescribed medication, the consequences can be deadly. PR&A Law secured a $750,000 settlement for a family who lost a loved one due to negligent medication deprivation at a long-term care facility.
Our attorneys investigated the facility’s care practices, demonstrated that withholding necessary medication fell below professional standards, and established the direct link between that negligence and the resident’s death.
Frequently asked questions
What factors influence the value of a nursing home neglect settlement?
The value of a loved one’s claim will depend on the circumstances of the case and the severity of their injuries. Key factors include the extent of physical harm, the type of neglect involved (such as medical neglect, hygiene neglect, or deprivation of basic needs), and the impact on the resident’s overall quality of life.
What types of damages can affect the size of a nursing home neglect settlement?
A loved one may be able to recover money for losses such as medical expenses, disability, pain and suffering, and diminished quality of life. The more extensive and documented these losses are, the greater the potential settlement amount.
Does liability affect how a nursing home neglect settlement is determined?
Yes. Determining who can be held liable for nursing home abuse and neglect can be challenging. Liability depends on the circumstances of the resident’s situation. In some cases, the individuals committing the abusive acts can be held responsible, while in many cases the nursing home itself may be vicariously liable for employees’ wrongdoing. Whether neglect stems from one individual or systemic issues like chronic understaffing can significantly impact a settlement.
Does the statute of limitations affect a nursing home neglect settlement?
Absolutely. Personal injury lawsuits must be filed within two years of the negligent act or within two years of discovering the individual’s injuries. Waiting too long to act can bar a claim entirely, which is why consulting an attorney promptly is critical to preserving your right to seek compensation.
Who’s in your corner?
Insurance companies and nursing home defense teams handle these cases for a living. Their goal is to pay out as little as possible, and they are skilled at it. Families that go in without experienced legal representation usually leave money on the table.
At Pellettieri Rabstein & Altman, we have been handling nursing home neglect cases across New Jersey for decades. We work on contingency, meaning you pay nothing unless we recover compensation for you. There are no upfront costs and no risk.
We Serve Families Throughout Central and Southern New Jersey
Our attorneys represent families in Mercer County, including:
- Trenton
- Princeton
- Hamilton
- Middlesex County
- Burlington County
- Monmouth County
No matter where you are in the area, we will come to you. Families facing nursing home neglect are already under enough stress. Getting legal help shouldn’t add to that.
Ready to Talk?
If your loved one was harmed due to nursing home neglect, you deserve to understand your options and what your case could really be worth. The factors above all interact in ways that are difficult to sort out without someone knowledgeable in this area of law.
Pellettieri Rabstein & Altman has been advocating for New Jersey families since 1929. Contact us today for a free case review. You don’t pay anything unless we win.
