By Dan Noll on April 1st, 2024 in Nursing Home Abuse
Understanding Your Rights to Compensation in Illinois: What is the Average Settlement for Nursing Home Neglect?
Placing a loved one in a nursing home is a significant decision for a family to make. It can also be an emotional one too. Although many nursing homes and long-term care facilities do a good job of taking care of our loved ones, some do not. Unfortunately, statistics reveal that up to five million older Americans are subject to nursing home abuse or neglect each year. Of the many of elder abuse, studies consistently find that neglect is either the first or second most common type – including from the Department of Justice. Neglect can also be one of the most devastating types too, resulting in serious or fatal harm to residents that requires an experienced nursing home abuse lawyer in Springfield to help. Despite being so common, most victims and their families are unsure of what is the average settlement for nursing home neglect in Illinois.
At the Noll Law Office, their experienced legal team can help victims and their families understand what their rights to compensation may be under Illinois law. They offer free consultations and case evaluations, and unlike other personal injury law firms, they handle cases in-house and without referring across the state to large law firms with newly-graduated associates. As a result, victims and their families received personalized and dedicated representation on their nursing home abuse or neglect case. To learn more, schedule your free appointment by dialing (217) 414-8889.
What is Nursing Home Neglect?
A resident of a nursing home or long-term care facility is a victim of neglect when his or her needs are not met. These needs may be related to hygiene, nutrition, wound care, rehabilitation, social interaction, or other basic human requirements that a facility is supposed to be providing to residents. Determining what is the average settlement for nursing home neglect often requires assessing the type of neglect.
Generally, there are two types of neglect:
First, there is unintentional neglect. Sometimes called “passive neglect,” this type of neglect is where a resident does not get his or her basic needs addressed by a facility in a reckless or careless manner. Sometimes this means that a facility is understaffed and unable to take care of all of the residents who are living there. Other times it means that a facility does not have properly trained staff who are able to work with an appropriate number of residents that they should be able to handle. Moreover, this type of neglect could also be due to oversight by caregivers – even very experienced ones – who simply forget to care for or check on a resident by mistake.
Second, there is also intentional neglect, which is actually a type of abuse. This type of neglect occurs when a caregiver purposely and knowingly fails to care for a resident’s needs. Sometimes this is done as punishment to a resident who may have given a caregiver a hard time. It could also occur because a staff member does not like the resident or if the resident is needy, has complicated needs, or is otherwise hard to work with. Unfortunately, other times intentional neglect could just be due to the abusive nature of a bad staff member who is seeking to inflict harm on a resident.
Damages Caused by Nursing Home Neglect
In addition to the type of neglect, another important factor dictating what is the average settlement for nursing home neglect also includes the damages sustained by a resident. That’s because there is a wide range of possible damages that a victim could sustain. These damages can be difficult to prove, especially when a nursing home’s lawyer or insurance adjuster is fighting back. As a result, it is important that victims and their families consult with an experienced nursing home abuse lawyer to help prove their individual cases.
Some of the damages that could impact a nursing home neglect case in Illinois include the following:
- Conscious pain and suffering
- Medical bills
- Need for surgery
- Permanent injuries
- Loss of eyesight, taste, smell, hearing, or other senses due to damage
- Loss of use of a body system (i.e., neglect caused serious damage to the nervous system or resulting in incontinence)
- Length of time that a victim suffered from the neglect
- Complications from the neglect
- Future pain and suffering as a result of the neglect
- Loss of society, guidance, and familial relations between a resident and loved ones, including children and siblings as well as obviously a spouse
- Future medical needs
- Punitive damages in rare and exceptional or devastating cases of egregious neglect, and
- Other factors resulting in damages of nursing home neglect in Illinois.
Types of Injuries from Nursing Home Neglect
Determining what is the average settlement for nursing home neglect also requires a review of the different types of injuries. In fact, there is a wide range of injuries that could be sustained by a victim, and no two injuries are the same. Due to this, the same injury may cause different levels of pain and harm to a resident. The prognosis of each resident could also be different, particularly when considering other factors such as overall health, age, and other medical needs.
Some of the most common injuries that impact what is the average settlement for nursing home neglect include the following:
- Bedsores, also known as pressure sores or pressure ulcers
- Broken bones, including from falls or being pulled, abused, or otherwise harmed by a caregiver
- Painful and damaging infections
- Sepsis or septic shock
- Organ injuries from lack of proper nutrition or hydration
- Diabetic ulcers from improper care and treatment
- Nervous system damage from improper medication use (overdose)
- Loss of eyesight from failing to treat a resident’s condition or infection
- Permanent damage to a joint following delays in treating an injury (such as a torn ligament or tendon)
- Mouth injuries or loss of teeth due to improper dental care and treatment, and
- Other injuries resulting from nursing home care and abuse in Illinois.
Hurt in Illinois? Ask the Noll Law Office What is the Average Settlement in Nursing Home Neglect Cases
In addition to all of the factors above, there are other factors that may also impact what is the average settlement in nursing home neglect cases. Thus, while some bedsore cases may be well-over $100,000, other bedsore cases may be under that based on other factors related to the injury and the prognosis. The same is true for injuries resulting in the wrongful death of a nursing home resident, where some cases may be well into the six-figure range but other cases may be under six figures.
As a result, each case of nursing home abuse and neglect must be evaluated individually. To learn more about your case, ask the experienced nursing home abuse lawyers in Springfield at the Noll Law Office to evaluate your claim. You’ll be able to ask questions and get answers to learn more about your rights and what compensation you and your family may be entitled to under Illinois law. To get started, contact them today.