How Much Is A Bedsore Lawsuit Worth?

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 bed sore 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.  

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. Call the bedsore lawyers at Kucher Law Group today to schedule a consultation. Free consultation: (929) 274-8000.

source https://www.rrklawgroup.com/how-much-is-a-bedsore-lawsuit-worth/