How Much Is My Nursing Home Abuse Claim Worth?

January 17, 2022
senior citizen clasping her hands

If your loved one was mistreated by nursing home staff, you’re probably wondering how much compensation you can expect to recover by taking legal action. While there’s no foolproof way to predict the precise value of a claim—or even ensure a payout will result—there are a number of factors your legal team can review to determine a reasonable figure for your losses.

Let’s take a look at the kinds of factors that will have the biggest impact on the value of your claim:

1. The Severity of the Victim’s Injuries

Health care expenses make up a significant portion of most personal injury payouts. Such expenses might include hospital bills, ambulance fees, office copays, and prescription medication costs.

Since more severe injuries take longer to stabilize and consequently cost more to treat, the victim’s condition is going to have a major impact on the value of the claim.

2. The Extent of the Victim’s Non-Economic Damages

In addition to economic damages like health care expenses and the cost of reasonably necessary replacement services, South Carolina tort law recognizes the non-economic damages that can result from nursing home abuse. Examples include pain and suffering, depression, anxiety, psychological trauma, and mental anguish.

The circumstances surrounding the abuse and the severity of the injuries that resulted will influence the extent of the victim’s non-economic damages.

3. The Nature of the Neglect or Abuse

If your family is entitled to a punitive award in addition to the standard compensatory damages, it could increase the value of your claim considerably. In South Carolina, personal injury claimants may seek punitive damages from those whose conduct constituted malice, ill will, or a conscious indifference or reckless disregard for the rights, health, or safety of others.

It’s worth noting, however, that the state does cap punitive awards. In most cases, claimants cannot secure more than $500,000 or three times the actual damages, whichever is greater, in punitive damages.

What Other Factors Could Influence the Value of My Claim?

While these are arguably the most influential factors that will affect the compensation to which you’re entitled, there are a number of other variables that can impact the ultimate value of your claim. Such variables include:

  • The amount of liability insurance coverage that the facility has,
  • The victim’s life expectancy prior to the neglect or abuse,
  • The strength of the evidence that your legal team presents, and
  • How quickly your family took action and relocated the victim upon suspecting neglect or abuse.

Discuss Your Case with a Nursing Home Abuse Attorney in South Carolina

Do you want to take action against a long-term care facility for neglecting or abusing your loved one? Turn to Hodge & Langley Law Firm for strategic guidance at each stage of the proceedings.

By letting us handle every aspect of your claim, you can focus on securing better care for the victim. Call 864-585-3873 or fill out our Online Contact Form to set up a free case review with a nursing home abuse lawyer in South Carolina.

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