December 8, 2023

Average Nursing Home Neglect Settlement in California

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

The average nursing home neglect settlement in California typically ranges from $50,000 to $200,000 for minor cases, $200,000 to $600,000 for moderate cases, and $600,000 to over $1,000,000 for severe cases.

Settlement amounts in nursing home abuse and neglect cases can vary widely depending on the severity of the neglect and the extent of the injuries each case involves- with some settlements being significantly higher or lower.

Settlements involving minor neglect will likely settle between $50,000-$200,000. Settlements involving severe neglect can exceed $1,000,000.

Average Nursing Home Neglect Settlement in California

Complexity of Case	Average California Nursing Home Neglect Settlement
Minor	Approximately: $50,000 – $200,000
Moderate	Approximately: $200,000 – $600,000
Severe	Approximately: $600,000 – $1,000,000+

*Please note that these are average figures, and the actual settlement amount can vary depending on various factors such as the severity of the neglect, the extent of the injuries, and the strength of the evidence.

Average Nursing Home Wrongful Death Settlement in California

Complexity of Case	Average California Nursing Home Wrongful Death Settlement
Minor	Approximately: $50,000 – $250,000
Moderate	Approximately: $250,000 – $1,000,000
Severe	Approximately: Approximately: $1,000,000 – $5,000,000+

*Please note that these are average figures, and the actual settlement amount can vary depending on various factors such as the severity of the case and specific details involved.

Example Nursing Home Neglect Cases

Here are some specific examples of nursing home neglect cases with their settlement amounts:

1. Neglect Based on Standard of Care Violations: A jury awarded the children of a deceased nursing home resident a $750,000 settlement after finding evidence of neglect. The nursing home staff’s careless conduct led to the death of the resident.
2. Neglect Resulting in Wrongful Death: An 88-year-old assisted living facility resident developed bed sores that led to her death. Her doctor was criminally indicted and charged with involuntary homicide. The settlement amount for this case was $2.3 million.
3. Neglect Leading to Bedsores: A 59-year-old nursing home resident developed painful bedsores that became infected and took four years to heal. The settlement amount for this case was $2.8 million.

Please note that each case is unique, and the settlement amounts can vary based on several factors such as the severity of the neglect, the extent of the injuries, and the strength of the evidence.

Factors That Influence Nursing Home Neglect Settlement Amounts

The factors that influence nursing home neglect settlement amounts include:

• Severity of Abuse or Neglect: The more severe the abuse or neglect, the higher the potential settlement amount.
• Cost of Medical Treatment: The cost of any medical treatment needed as a result of abuse or neglect can significantly influence the settlement amount.
• Strength of Evidence: The strength of the evidence in the case can greatly affect the settlement amount.
• Medical Expenses: Your medical expenses stem from the neglect.
• Lost Wages: Lost wages of family members who took time off work to assist with your care or with moving you to another facility.
• Pain and Suffering: Your pain and suffering.
• Negligent Conduct: The negligent conduct that caused you harm.

Although it is challenging to predict nursing home settlement amounts, these factors can provide a general idea of the potential settlement value of your case

Types of Compensation Available for Injured Victims

The types of compensation available for victims of nursing home neglect depend on each case. Here are some common forms of compensation that victims can receive:

• Medical Bills: Those involved in a nursing home abuse case might need to receive medical care for their sustained injuries. Compensation can cover the costs of this care.
• Pain and Suffering: Victims often are burdened with carrying the trauma of the abuse they suffered while in the nursing home. Compensation for pain and suffering can help alleviate this burden.
• Wrongful Death: When a loved one has passed away due to abuse or neglect, families or friends may seek a wrongful death claim.
• Basic Living Expenses: Compensation can cover basic living expenses such as grocery bills.
• Costs of Moving to Another Nursing Home: If the victim needs to move to another nursing home due to abuse, the costs associated with this move can be covered.
• Funeral Expenses: If the victim has passed away due to the abuse, the costs of the funeral can be covered.
• Lost Wages or Payments for Interest on Lost Investments or Profits: If the victim or their family has lost wages or payments due to the abuse, compensation can cover these losses.
• Mental Health Counseling and Physical Rehabilitation: If the victim needs mental health counseling or physical rehabilitation due to abuse, the costs of these services can be covered.
• Reimbursement of Stolen or Damaged Property: If the victim’s property was stolen or damaged due to the abuse, they can be reimbursed for the value of these items.

The precise monetary value of settlements for nursing homes is contingent on the unique details of each situation. Generally, the settlement amounts for nursing homes are approximately $406,000, although outcomes can differ from case to case.

Most Common Forms of Nursing Home Neglect

The most common forms of nursing home neglect include:

• Physical Abuse: This occurs when a resident suffers bodily harm or injuries inflicted by a caregiver or another resident. Examples of physical abuse in a nursing home include being punched or kicked, being restrained with straps or ties, and getting pushed or shoved.
• Neglect of Basic Needs: This happens when staff members fail to provide proper medical care. As a result, residents may suffer from inadequate diabetic care, bedsores (pressure ulcers), infections, mobility issues, and other health problems.
• Sexual Abuse: This type of abuse involves any unwanted sexual attention or exploitation. This can range from inappropriate touching to sexual assault.
• Emotional Abuse: This type of abuse involves actions that cause emotional pain, distress, or anguish. This includes verbal assaults, insults, threats, intimidation, humiliation, and harassment.
• Financial Exploitation: This involves the unauthorized or improper use of a person’s funds, property, or assets.
• Abandonment: This occurs when someone who has custody of another person deserts them without regard for their well-being.
• Self-Neglect: This refers to behaviors that threaten the resident’s own health and safety.
• Medical Neglect: This is when nursing home care providers fail to properly treat or prevent health problems. This can result in untreated infections which could worsen over time and lead to a potentially deadly condition called sepsis

How Do You Prove Nursing Home Neglect?

Proving nursing home neglect in California involves several steps:

1. Identify the abuse and its effects: Recognizing the indicators of maltreatment and neglect in nursing homes can aid in identifying issues promptly. Typical manifestations of such abuse encompass injuries from falls, the emergence or exacerbation of pressure sores, expressions of moderate to severe discomfort, unexpected emergency room visits, unaccounted for bruises or lacerations, bone fractures, infections, reduced food intake, and a decline or deterioration in mental health leading to increased anxiety, communication difficulties, agitation, and reduced mobility.
2. Collect evidence of how and why the abuse took place: Evidence that may be collected to support a nursing home neglect and abuse lawsuit includes internal nursing home memos, deposition testimony, medical, and financial records.
3. Take legal action to hold the nursing home or other responsible parties accountable: Under the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), individuals who have experienced abuse characterized by “recklessness, oppression, fraud, or malice” have the right to pursue additional damages. They must however demonstrate their claim with “clear and convincing evidence.”

If you suspect that you or a loved one is experiencing nursing home abuse in California, consult a California nursing home abuse and negligence lawyer right away.

Most elder abuse attorneys offer free case consultations. Additionally, you can also contact a long-term care ombudsman. A California ombudsman for nursing homes advocates for residents and their families and investigates complaints. The complaints you make to the ombudsman are entirely confidential.

When You DO Have a Claim and When You DO NOT

When You DO Have a Claim

You may have a claim for nursing home neglect if:

• The nursing home or care facility owed the resident a duty of care
• This duty of care was breached by negligent or abusive actions or conditions under the facility’s control
• The resident suffered harm because of this breach
• You have evidence to support your claim, such as medical records, witness testimonies, or photographs
• You file your lawsuit within the statute of limitations, which varies by state but is typically between 1 and 6 years

When You DO NOT Have a Claim

You may not have a claim for nursing home neglect if:

• The nursing home did not owe a duty of care to the resident
• The resident did not suffer any harm
• You cannot provide evidence to support your claim
• The statute of limitations for filing a lawsuit has passed. If you try to file a nursing home abuse lawsuit after the deadline, your case will be rejected
• The harm suffered by the resident was not a result of negligence or abuse by the nursing home

Why Hiring a Lawyer Can Be Crucial in Order to Obtain a Settlement

Hiring a lawyer can be crucial in obtaining a settlement for nursing home neglect for several reasons:

• Expertise and Guidance: A lawyer provides much-needed guidance and expertise. They begin by comprehensively reviewing the situation to determine the viability of the case.
• Evidence Collection and Analysis: Lawyers gather and analyze evidence, which can include medical records, eyewitness testimonies, and expert opinions, to build a robust case.
• Negotiation Skills: Your nursing home abuse lawyer will work to negotiate the highest amount of compensation based on the available evidence.
• Legal Representation: If a settlement cannot be agreed upon, a nursing home abuse lawyer can fight on your behalf in a court trial.
• Quick Resolution: Lawyers can help resolve the case and get compensation quicker.

About 95% of personal injury lawsuits end in a settlement. Depending on the facts of your case, your lawyer will likely recommend settling your nursing home abuse lawsuit out of court.

Get Connected with a Lawyer

At LawLinq, our mission is to connect you with experienced lawyers specializing in such cases. Our lawyer referral service is designed to guide you through the legal process, help you understand your rights, gather evidence, and work towards a fair settlement. Our team at LawLinq is here here to provide the support and legal expertise you need. To get started, simply fill out our online form or give us a call today.