How Nursing Home Lawsuit Settlements Are Determined

Sean T. Keith
Sean T. Keith

Personal Injury Lawyer for 30+ years. Nationally recognized Top 100 Trial Lawyer. Top Car Accident Lawyer & Motor Vehicle Accident Lawyer in Arkansas.

Nursing Home Lawsuit Settlements: Average Nursing Home Lawsuit Settlement Amounts and How They're Determined

Nursing home abuse is a distressing and unfortunately common issue that affects elderly individuals who should be receiving care and support in their later years.

In cases where abuse or neglect has occurred, victims and their families often pursue legal action against the responsible parties.

One key aspect of these legal battles is the nursing home abuse settlement amount, which can vary significantly depending on various factors.

In this blog post, we will explore how nursing home lawsuit settlements are determined, potential settlement amounts in nursing home lawsuits, and factors that can influence these settlement amounts.

Nursing Home Lawsuit Settlements; Nursing Home Lawsuit Settlement Amounts; Nursing Home Abuse Lawsuit Settlement Amounts; Nursing Home Lawsuit; Nursing Home Abuse Lawsuit; Nursing Home Neglect; Nursing Home Elopement

If your family member has suffered abuse or neglect at a nursing home or assisted living facility, you may be eligible to file a Nursing Home Abuse Lawsuit and seek financial compensation.

Contact Keith Law Group for a free consultation.

You can also use the chatbot on this page for an instant and free case review to find out if you are eligible to file a Nursing Home Abuse Lawsuit instantly.

Our law firm is committed to helping family members of elder abuse and neglect victims seek financial compensation.

Reach out to us for more information and guidance on filing personal injury lawsuits against nursing homes and assisted living facilities.

Table of Contents

What is the Average Nursing Home Lawsuit Settlement?

Every case is different, and the details of an individual case will impact the estimated nursing home settlement amounts.

Based on our projections, the average nursing home lawsuit settlements range between $50,000 to over $1 million depending on the facts of the individual case.

This is by no means a guarantee of a nursing home lawsuit settlement in your case.

These estimations are merely projections based on past nursing home abuse settlements and nursing home neglect settlement amounts.

Contact an experienced attorney for more information and guidance on your expected nursing home lawsuit settlements.

What Are the Most Common Types of Abuse in Nursing Homes?

Before delving into settlement amounts, it is crucial to understand the different types of abuse that can occur in nursing homes.

By recognizing these forms of mistreatment, victims and their families can better identify potential grounds for legal action.

Listed below are some of the most common types of abuse a nursing home resident could face.

Physical Abuse

Physical abuse is probably the most common form of elder abuse on this list.

This abuse involves using force that results in bodily harm, pain, or injury. It may include hitting, kicking, pushing, or inappropriate use of restraints.

Elders often refrain from talking about their abusive experience, so it’s important to keep a keen eye on these signs:

  • Unexplained bruises or injuries
  • Fear of physical contact
  • Being overly withdrawn or isolated
  • Unusual weight loss or malnutrition
  • Improper use of restraints and medication
  • Injuries that appear to have been caused by a blunt object
  • Sudden change in behavior

Psychological Abuse

Psychological abuse is another common type of abuse occurring inside a nursing home facility.

This abuse often involves intimidation, humiliation, manipulation, or threats to control a senior’s behavior.

Signs of psychological abuse can include:

  • Evident confusion
  • Signs of depression, fear, and anxiety
  • Isolation from friends and family
  • Lack of trust in those around them
  • Obvious fear of the caretaker
  • Engaging in self-harm

Financial Abuse

Financial abuse occurs when a nursing home staff member exploits an elderly resident’s finances or assets for personal gains, such as stealing money, forging signatures, or coercing the resident into changing their will.

Often, elderly residents with Alzheimer’s or dementia are the frequent victims.

Here are some signs you want to keep an eye out for financial abuse:

  • Unusual changes to financial documents
  • Unexpected withdrawals of large sums of money from bank accounts
  • Bank statements and other financial records that are not accessible or available
  • Sudden change in the elder’s will, power of attorney, trusts, or other legal documents
  • Purchases made without consent

Nursing Home Neglect

Nursing home negligence refers to the failure to provide adequate care, resulting in harm or endangerment to the resident.

It can include inadequate nutrition, hygiene, medical attention, or supervision.

Often, the warning sign of a bad nursing home is evident in its reputation and client testimonials.

Before sending your loved one to any nursing homes or assisted living facilities, make sure to read the reviews and research their background.


Abandonment occurs when a nursing home intentionally deserts or neglects a resident, leaving them without necessary care or supervision.

In nursing homes, residents are usually assigned a nurse to look after them during their stay.

While the unfair nurse-to-patient ratio could affect their quality of care, if an elderly resident is left alone for a prolonged period of time, it could be considered abandonment.

Sexual Abuse

Sexual abuse involves any non-consensual sexual contact or activity imposed upon a resident, often by a staff member or another resident.

Signs of elder sexual abuse often include:

  • Difficulty in walking or sitting
  • PTSD symptoms
  • Bloodstains in questionable places and items (i.e., undergarments, bedsheets, etc.)
  • Bruises in the pelvic or genital area
  • Agitation symptoms

What is Nursing Home Elopement?

Elopement, also referred to as “wandering”, is the term used for when a nursing home resident escapes from an assisted living facility unsupervised.

Reasons for elopement could be nursing home abuse and neglect, cognitive impairments (dementia, Alzheimer’s disease), and more.

Nursing home residents may escape from facilities that have inadequate staffing, improper security measures, and other factors that contribute to a patient having the ability to leave or desiring to escape due to abuse and neglect.

Nursing home elopement is a major issue, and victims of nursing home elopement often suffer serious injuries and even death.

Eloped patients do not have access to necessary medical treatment and medications, may encounter inclement weather and dangerous obstacles, or may encounter other dangerous situations.

How Are Damages Calculated for a Nursing Home Abuse Lawsuit?

Several factors come into play when determining nursing home abuse settlements.

While each case is unique, common elements are typically considered when calculating damages.

Factors that help determine nursing home lawsuit settlements are listed below.

Medical Expenses and Related Expenditures

Medical bills and other expenses incurred due to the abuse or neglect — including hospital bills, medications, therapy costs, and ongoing medical care — are all essential considerations in determining the nursing home lawsuit settlement amount.

Medical expenses are often the most significant contributor to these settlement computations because of their tangibility in providing evidence of the abuse.

Emotional Distress and Mental Suffering

The emotional distress and mental suffering experienced by the victim due to the abuse can also be factored into the settlement amount.

This may include anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological consequences.

To prove the damages caused by emotional distress, victims must document their experience with medical experts and witnesses.

The Scope and Permanence of Sustained Injuries

The severity and permanence of the injuries sustained by the victim can significantly impact the settlement amount.

Serious injuries that require long-term medical treatment or result in disability are likely to result in higher compensation.

The Severity of Injury and Length of Recovery

This factor is closely related to the scope and permanence of injuries.

The extent of the injuries and the expected length of recovery can also influence the settlement amount.

Prolonged suffering or a need for ongoing care may increase the claimable amount.

Wrongful Death

Family members of patients who’ve died as a result of nursing home abuse and neglect may be eligible to file a wrongful death lawsuit on behalf of their passed loved one.

In a wrongful death settlement, medical treatment expenses and other costs are considered, as well as funeral costs, lost wages, loss of consortium, pain and suffering, and other compensatory and punitive damages.

Wrongful death settlements for nursing home abuse can be significant.

How Can You File a Nursing Home Abuse Lawsuit?

If you suspect nursing home abuse, taking appropriate legal action to protect the victim and seek justice is crucial.

Qualifying and filing a nursing home abuse lawsuit is often a complicated process, but here’s a guide to help you navigate the legal process:

  • Document the abuse:  Gather evidence such as photographs, medical records, witness statements, and other relevant documentation to support your case. The more tangible your proof is, the better it can help your case.
  • Report the abuse:  Contact the appropriate authorities — adult protective services, local law enforcement, or state regulatory agencies — to report the abuse and ensure the victim’s immediate safety. Furthermore, the authorities can file a report regarding the abuse, which you can use as proof.
  • Consult an attorney:  Seek the advice of an experienced nursing home abuse lawyer who can guide you through the legal process and help you build a strong case. Finding someone with a background in winning nursing home abuse cases related to your situation is vital.
  • File a lawsuit:  Your attorney will help you file a lawsuit against the nursing home, its staff, or any other party responsible for the abuse. The suit will outline the allegations and the desired compensation.

How Can You Maximize Claims in Nursing Home Abuse Lawsuits?

If you have already spoken with an attorney regarding your case and determined that you’re eligible to file a case against the nursing home, it’s vital to know how you can maximize your claims.

To maximize your financial compensation in nursing home abuse lawsuits, consider the following strategies.

Preserve All The Evidence You Have

Preserve any evidence supporting your case, including medical records, photographs, witness statements, incident reports, and other relevant documentation.

This evidence will help establish liability and strengthen your claim.

It’s worth reiterating that objective or tangible proof can significantly improve your chances of maximizing your claims.

Don’t hold back on preserving any document or evidence you have regarding the abuse.

File as Soon as Possible

File your lawsuit as early as possible to ensure evidence preservation and comply with applicable statutes of limitations.

Acting promptly also demonstrates the seriousness of the matter and can potentially lead to a more favorable outcome.

Different states have varying degrees of limitations regarding nursing home abuse cases.

In Arkansas, the plaintiff’s party has up to two years to file a lawsuit against the facility or its staff member.

Secure an Experienced Nursing Home Abuse Lawyer

Nursing home abuse attorneys are personal injury lawyers with extensive expertise in nursing home abuse and elopement laws.

When looking for a legal representative, choose to work with an experienced nursing home abuse lawyer specializing in your unique case.

They will have the knowledge, resources, and expertise to navigate the legal process, negotiate with insurance companies, and fight for the maximum compensation you deserve.

Why Choose Keith Law Group for Your Nursing Home Lawsuit

When it comes to nursing home abuse cases, it is crucial to select a legal team with the necessary experience and dedication to handle such sensitive matters.

Our firm specializes in nursing home abuse lawsuits and has a track record of success in securing fair settlements for our clients.

Here’s why you should choose us:

  • Expertise:  Our team of skilled attorneys has in-depth knowledge and experience in nursing home abuse cases. We understand the complexities of these lawsuits and will fight tirelessly on your behalf.
  • Compassion:  We genuinely care about our clients and the well-being of elderly individuals who have suffered abuse. We provide compassionate support and guidance throughout the legal process.
  • Resources:  We have access to a network of medical experts, investigators, and other professionals who can assist in building a strong case and maximizing your claims.
  • Proven Results:  Our past successes in nursing home abuse cases speak for themselves. We have helped numerous clients secure substantial settlements and hold those responsible for the abuse accountable.

At Keith Law Group, we don’t just make promises; we deliver results.

If you believe you or someone close to you has been the victim of nursing home abuse, don’t hesitate to contact us.

We will provide an empathetic ear and a zealous voice in pursuing justice for your case.

Recent Nursing Home Elopement Settlement Agreement: $2 Million Wrongful Death Settlement Awarded to Victim's Family

On May 27, 2023, the Keith Law Group recovered $2 million in settlement from Brookfield Assisted Living in Bella Vista for the wrongful death case of Barbara Doyle.

Barbara Doyle was a 74-year-old resident of the aforementioned nursing facility who went missing August 12, 2021.

The deceased was found along the woods of Hwy. 279 near the Presbyterian Church of Bella Vista 13 days after she went missing from the facility.

The accident could’ve been prevented if the facility had been more stringent with its security protocols.

This negligent action of the facility led to the filing of a wrongful death lawsuit against Brookfield Assisted Living.

Our team of experienced attorneys successfully negotiated with the defendants and secured a $2 million settlement for the family of Barbara Doyle, which will help them pay for their medical bills and other expenses.

Note that this amount was based on the case’s specific circumstances and is not a guaranteed outcome for every case.

Keith Law Group: Your Nursing Home Lawyers

No elderly patient deserves to suffer from abusive nursing homes and assisted living facilities.

If you or a loved one have experienced nursing home abuse, don’t hesitate to reach out to our firm for a free consultation.

We will listen to your story, evaluate your case, and provide you with the legal guidance you need.

Together, we can seek justice and hold negligent parties accountable for their actions. We’ll work with you to give you the compensation you deserve.

Contact us today to schedule your free consultation.

You can also use the chatbot on this page for a free case review.

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