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Lawsuits are a lengthy process. On average, nursing home cases can take anywhere from 18 to 24 months, or longer, from the initial call to trial and judgment or obtaining final payment from a settlement if the case was resolved before trial.
According to a Health Affairs report, the average nursing home abuse case recovered $406,000 in damages per claim. Settlements offer less compensation than trial verdicts, but their case values may still range in the millions. Wrongful death cases have some of the highest nursing home abuse case values.
Summing Up Wrongful Death Damages Since 1958, The Beasley Firm has fought hard for wrongful death survivors, obtaining over $2 billion in jury awards and settlements, $1 billion of it in wrongful death cases.
Either you or a loved one may file a claim or lawsuit for abuse or neglect if you have suffered from sepsis or other injuries while in the care of a long-term care facility. Under the Nursing Home Care Act, you may sue the owner or licensee of a long-term care facility.
According to the IRS, any lawsuit settlement proceeds that a court awards for physical illness or injury are non-taxable. This includes wrongful death settlements, since the damages are imposed due to a court's finding that a third party is responsible for the physical illness or injury that resulted in death.
Just like any other landowner, nursing homes are liable for a resident's slip and fall or trip and fall on the property under the area of law called premises liability. However, a nursing home is also liability under a medical negligence theory for residents who fall and are seriously injured.
Third, file a report with the nursing home about the fall injury. Nursing homes are supposed to report falls and other injuries, but they do not always comply with this requirement. The licensing and governing authorities need to know which nursing homes are experiencing fall injuries.
Muscle weakness and gait problems are the most common causes of falls among elderly nursing home residents. They account for about 24% of falls in nursing facilities. Environmental hazards, such as equipment in the hallways, cause 16%-27% of falls among nursing home residents.
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