Read­ing Time: 3 min­utes

Last Updat­ed on April 19, 2023 

Maximizing Your Nursing Home Injury Compensation

As a loved one or fam­i­ly mem­ber resid­ing in a nurs­ing home, you deserve to receive the high­est stan­dard of care. Unfor­tu­nate­ly, nurs­ing home injuries and abuse are becom­ing increas­ing­ly com­mon. In such cas­es, you may be enti­tled to com­pen­sa­tion for your injuries, med­ical expens­es, and emo­tion­al trau­ma. Max­i­miz­ing your nurs­ing home injury com­pen­sa­tion requires a thor­ough under­stand­ing of the legal process and the steps involved in build­ing a strong case. In this arti­cle, we’ll out­line the key points to con­sid­er when pur­su­ing nurs­ing home injury compensation.

Understanding Nursing Home Injury Compensation

Nurs­ing home injury com­pen­sa­tion refers to the finan­cial com­pen­sa­tion that a vic­tim receives for injuries result­ing from neglect or abuse in a nurs­ing home. The com­pen­sa­tion may cov­er med­ical expens­es, loss of income, pain and suf­fer­ing, and oth­er relat­ed costs. Nurs­ing home injuries can take many forms, includ­ing falls, bed­sores, med­ica­tion errors, and phys­i­cal abuse. If you or a loved one has been injured due to neg­li­gence or abuse in a nurs­ing home, you may be enti­tled to compensation.

Types of Nursing Home Injuries

The most com­mon types of nurs­ing home injuries include:

• Falls: These can be caused by wet floors, inad­e­quate light­ing, or faulty equipment.
• Bed­sores: These are caused by pro­longed pres­sure on the skin, often from lying in one posi­tion for too long.
• Med­ica­tion errors: This can include over­med­ica­tion, under­med­ica­tion, or giv­ing the wrong medication.
• Phys­i­cal abuse: This can include hit­ting, push­ing, or restrain­ing residents.

If you or a loved one has been injured due to neg­li­gence or abuse in a nurs­ing home, it’s impor­tant to doc­u­ment the injury and seek med­ical atten­tion imme­di­ate­ly. You should also con­tact a lawyer who spe­cial­izes in nurs­ing home injury cas­es to dis­cuss your legal options.

Proving Negligence in a Nursing Home Injury Case

To prove neg­li­gence in a nurs­ing home injury case, you must estab­lish the fol­low­ing four elements:

• Duty of care: The nurs­ing home had a legal duty to pro­vide a cer­tain lev­el of care to the resident.
• Breach of duty: The nurs­ing home failed to pro­vide the required lev­el of care.
• Cau­sa­tion: The nurs­ing home­’s breach of duty caused the injury.
• Dam­ages: The injury result­ed in dam­ages, such as med­ical expens­es or pain and suffering.

To build a strong case, you should gath­er evi­dence such as med­ical records, wit­ness state­ments, and pho­tographs of the injury. You should also work with an expe­ri­enced nurs­ing home injury lawyer who can help you nav­i­gate the legal process and nego­ti­ate with insur­ance companies.

Calculating Nursing Home Injury Compensation

The amount of com­pen­sa­tion you may receive for a nurs­ing home injury depends on var­i­ous fac­tors, including:

• The extent of your injuries
• The cost of med­ical treatment
• The lev­el of neg­li­gence or abuse involved in your case
• The juris­dic­tion where the injury occurred

A skilled nurs­ing home injury lawyer can help you cal­cu­late the appro­pri­ate amount of com­pen­sa­tion based on these fac­tors and nego­ti­ate with insur­ance com­pa­nies on your behalf.

Negotiating a Settlement for Nursing Home Injury Compensation

In many cas­es, it’s pos­si­ble to nego­ti­ate a set­tle­ment for nurs­ing home injury com­pen­sa­tion with­out going to tri­al. To nego­ti­ate a fair set­tle­ment, you should:

• Gath­er all rel­e­vant evidence
• Cal­cu­late the appro­pri­ate amount of compensation
• Present a strong case to the insur­ance company
• Be will­ing to negotiate

Work­ing with an expe­ri­enced nurs­ing home injury lawyer can help you nego­ti­ate a fair set­tle­ment and avoid the stress and expense of a trial.

Going to Trial for Nursing Home Injury Compensation

If a set­tle­ment can­not be reached, your nurs­ing home injury case may go to tri­al. The tri­al process includes:

• Jury selec­tion
• Open­ing and clos­ing arguments
• Evi­dence presentation
• Jury delib­er­a­tion and verdict

If you win your case, you may be award­ed a mon­e­tary award for your injuries, med­ical expens­es, and oth­er relat­ed costs.

Hiring a Nursing Home Injury Lawyer

Hir­ing a nurs­ing home injury lawyer is essen­tial for max­i­miz­ing your com­pen­sa­tion. A skilled lawyer can:

• Gath­er evidence
• Cal­cu­late appro­pri­ate compensation
• Nego­ti­ate with insur­ance companies
• Build a strong case
• Rep­re­sent you in court if necessary

When hir­ing a nurs­ing home injury lawyer, look for some­one with expe­ri­ence in this area of law who has a proven track record of success.

Taking Action to Maximize Your Nursing Home Injury Compensation

If you or a loved one has been injured due to neglect or abuse in a nurs­ing home, it’s impor­tant to take action to max­i­mize your com­pen­sa­tion. This includes:

• Doc­u­ment­ing the injury
• Seek­ing med­ical attention
• Con­tact­ing a nurs­ing home injury lawyer
• Gath­er­ing evidence
• Nego­ti­at­ing a fair settlement
• Going to tri­al if necessary

By tak­ing these steps, you can ensure that you receive the com­pen­sa­tion you are enti­tled to and hold nurs­ing homes account­able for their actions. If you need assis­tance with a nurs­ing home injury case, con­tact our team at 844–682‑0999.