Bedsore lawsuits can be valued anywhere between low five figures and several million dollars depending on the particular case. However, nothing is guaranteed. The value of a bedsore lawsuit can be affected by many things, such as the location where the lawsuit is filed, the resident’s overall health, relationships with family members, the insurance coverage available, and the skills of the attorney. A case that is otherwise strong could be made less so by a specific set of facts.
Families can file a bedsore suit against negligent nursing homes to recover financial damages for the pain and suffering and make it easier to get the care their loved one deserves as well as to move them to another facility.
Each case is different and each individual has a unique set of circumstances that will impact the final outcome. A thorough analysis of the case by a qualified New York City bedsore lawyer may help determine the average amount of a lawsuit for bedsore injuries. Kucher Law Group may be able to help you. Call us at (929) 274-8000 to speak with our experienced NYC bedsore attorneys.
Factors That Can Make a Bedsore Lawsuit Worth More
Every bedsore case is unique. There is generally no standard procedure as to what can make the lawsuit worth more. Usually, the greater the strength of the case, the higher the likelihood that the nursing home will pay to settle the matter. There are also other factors that will likely make the case worth more.
In many cases of bedsore litigation, the nursing home may be able to defend itself by claiming that the resident was unable to avoid the injury. The nursing home could not have prevented the bed sore from developing, no matter how hard they tried. Diabetes, End Stage Renal Disease, Peripheral Artery Disease, and Cancer can all be used to defend against bedsore lawsuits. Your case may be stronger if the resident has fewer or no comorbidities at all.
Judges and members of the jury also respond to the residents’ lives in the community, as well as the family of the victim. Nursing homes are more likely to be more willing to settle if the resident’s family is very involved in the resident’s life and has cared for them for a long time. These family members may make better witnesses should the case reach court.
In bedsore cases, the majority of evidence is found in hospital records and nursing home records. These documents can be used to prove abuse or neglect and can make the bedsore lawsuit stronger.
Another factor that can help raise the value of a bedsore lawsuit is when a former or a current employee of the facility testifies. If the former employee speaks about what they saw or how the policy and procedures were implemented at the nursing home and may have caused the injuries this can be helpful to your case. Some of the most valuable testimony can come from the employees of nursing homes.
Lastly, a bedsore case is sometimes dismissed by less experienced attorneys as not worth pursuing. Having a skilled attorney by your side is another factor that may raise the value of your lawsuit. An experienced lawyer can show that a series of actions on behalf of the facility resulted in the resident’s bedsore. The case will be more valuable if the jury can see that the injuries were a predetermined outcome based on policy or budget and not only simply neglect. Speak with a highly rated Brooklyn personal injury attorney at Kucher Law Group today to learn more.
|Factors That Can Increase Bedsore Lawsuit Value
|Strength of the Case
|The stronger the case, the higher the likelihood of a nursing home settling.
|The presence of comorbidities like diabetes, End Stage Renal Disease, Peripheral Artery Disease, or Cancer can be used by nursing homes to defend against bedsore lawsuits. Cases may be stronger if the resident has fewer or no comorbidities.
|Involvement of Resident’s Family
|Nursing homes may be more willing to settle if the resident’s family is highly involved in their life and care. Family members can be valuable witnesses.
|Medical Records and Nursing Home Records
|Hospital and nursing home records provide evidence of abuse or neglect, strengthening the lawsuit.
|Testimony of Former or Current Employees
|Testimony from employees regarding what they witnessed or how policies were implemented can support the case.
|Having a skilled attorney can demonstrate that facility actions led to the bedsore, increasing the lawsuit’s value.
Average Bedsore Settlement
The purpose of damages awarded in bedsore lawsuits is to hold the negligent party accountable and prevent similar harmful actions in the future. Every bedsore is distinct, which implies that the compensation granted to you or a loved one will be determined by the injuries sustained and the resulting losses, both for the affected individual and their family.
There isn’t a fixed or standard settlement amount for bedsore cases, as the specific circumstances of your case will play a crucial role in determining the compensation you might receive. The extent of these damages can vary significantly from case to case, given the unique nature of each bedsore lawsuit. In a bedsore case, the more severe the injuries and losses, the greater the potential compensation. Several factors come into play when determining the average bedsore settlement, including:
- severity of the bedsore
- patient’s requirements for rehabilitation and additional care
- pain and suffering experienced by the patient
- any relevant punitive damages
To provide an accurate estimate of the value of a bedsore settlement, a qualified bedsore attorney must evaluate various factors that vary in each case. An initial review of the case’s facts can give you an idea of the potential settlement, but for a comprehensive evaluation, it’s essential to engage in legal action and consult with a qualified attorney.
At Kucher Law Group, our dedicated New York City bedsore lawyers can assist you in pursuing the compensation you deserve. We understand the physical and emotional toll that bedsores’ injuries can take, and we are committed to fighting for your rights. Contact us today to schedule a consultation.
Stage 4 Bedsore
A stage 4 bedsore is one of the most dangerous types of injuries. Long-term pressure on the skin and underlying tissues causes this type of pressure ulcer. As a result of the tissue damage induced by constant pressure, the skin, muscles, and even bones may break down.
Stage 4 bedsores can be one of the most severe types of bodily injury that can result from negligent medical or nursing care. They frequently occur as a result of a healthcare provider not giving patients the required attention. This kind of negligence might be considered grounds for either a personal injury or medical negligence case.
Patients may be qualified to file a claim or a lawsuit in the event that they get a stage 4 bedsore while being treated at a hospital or nursing home. New York laws allow patients or their families to sue and get compensation for their injuries and enable them to recover and get better care for themselves.
Working with an experienced New York City bedsore lawyer can help you understand your legal options and how you can hold the responsible parties accountable for your damages. Our attorneys can assist in filing a claim and securing the maximum compensation possible for your damages whether negotiating a settlement or litigating in court.
What Makes it So Difficult To Determine The Value Of A Bedsore?
Simple answer: Nursing facilities want to keep settlements a secret. A nursing home negligence or malpractice settlement is often kept secret from the public, unlike class action settlements. Hospitals and nursing homes hate negative publicity so they work hard to keep these settlements kept confidential.
Bedsore cases are often settled through arbitration. This is because the contracts that people sign to place their loved ones in a nursing home or hospital require arbitration in case of a dispute. Arbitration settlements are kept secret from the public and cannot be discussed by the attorneys with their colleagues or with other clients.
Seeking the Legal Advice of an Experienced Bedsore Lawyer
Families are sometimes reluctant to make objections about their loved ones’ care, fearing the consequences of a complaint. However, it is important to hold the facilities responsible for any neglect that results in a loved one’s decline in health. A loved one’s health may be at risk if signs of neglect are not reported.
While making a positive difference in others’ lives, you can also ensure that the loved one receives the compensation they deserve. Contact the bedsore lawyers at Kucher Law Group today to schedule a consultation. Free consultation: (929) 274-8000.