A Florida nursing home abuse attorney may be able to help you if you have reason to believe that your loved one is the victim of nursing home abuse. The value of a standard nursing home abuse case is largely dependent upon awards given in past cases, how the abuse occurred, the extent of the injuries sustained, the likelihood of future suffering, and both current and future medical expenses. Some awards have reached the millions in cases where the abuse the nursing home resident suffered was particularly horrific. Most settlements are catastrophic, so it can still be difficult to determine the average amount awarded in such cases.
The state in which you file a lawsuit may play a significant role when it comes to how much you receive. Some states have laws that mandate proper nursing home care. Such laws may make it easier for punitive damages to be awarded once a statute has been violated. Some states will recover attorneys’ fees for winning claimants, making it easier to decide whether filing is worth the cost.
Nursing Home Settlements
Litigation is often a long and difficult process to navigate, so it is common for plaintiffs to accept a settlement. Lawsuits are costly and time-consuming, requiring paid medical experts, depositions of medical staff at the facility, and extensive review of medical records. It is often challenging to prove that a nursing home’s staff acted in such a way that led to the death or injury of a patient. For this reason, Tampa nursing home attorneys may advise clients to settle if that is the more financially and emotionally beneficial option.
Medicare or Medicaid Deductions
In most cases, nursing home care is significantly covered by Medicare or Medicaid. Both programs place a lien of $100,000 or more against the damages recovered by any lawsuit. This means that even if you are successful, you may not receive a significant portion of the damages. Tampa nursing home attorneys may be able to help advise you as to whether the amount that is likely to be deducted from your winning damages makes it worth filing or not.
Contact a Florida Nursing Home Abuse Attorney
If you believe that your loved one has been the victim of nursing home abuse, contact Giroux & Associates Inc today at (727) 895-5399 for more information on filing a successful claim. A nursing home attorney may be able to provide valuable guidance about whether it is in your best interest to file a lawsuit, accept a settlement or appeal a decision that was made. The right Florida nursing home abuse attorney may be able to provide you with the representation and experience you need to file a successful lawsuit against a nursing facility.