What Is the Average Settlement for a Nursing Home Abuse Claim in California?

Nursing homes in California provide around-the-clock medical care and help for seniors and people with disabilities so the residents can live their best lives possible. Nursing homes, also called skilled nursing facilities and long-term care facilities, should have policies and procedures in place to protect their residents from abuse and neglect by staff members, visitors, and even other residents. Sadly, many nursing homes fail to protect their residents.

At Garcia & Artigliere, we file complaints against nursing home owners and other responsible institutions, such as hospitals, when abuse or neglect causes harm to your loved one. We have obtained more than $3 billion in recoveries for our clients – many of whom are nursing home victims. Harm to seniors is especially distressing because most seniors, by definition of their advanced years, have limited time left – which means every hour of every day is precious.

What types of abuse and negligence do nursing home residents suffer in California?

Some of the many types of nursing home abuse and neglect cases we handle involve physical abuse, emotional abuse, and sexual abuse.

We handle cases involving bedsores, malnutrition and dehydration, medication errors, bladder and bowel injuries, falls, delayed treatment of strokes, wandering and elopement, broken bones and fractures, resident-on-resident abuse, violations of a resident’s rights, and various types of neglect.

Our lawyers also handle wrongful death claims.

Injuries (in addition to those listed above) may include traumatic brain injuries, spinal cord damage, burns, untreated infections, failure to treat underlying medical conditions, nerve damage, muscle damage, bruises, and other serious injuries.

What damages do California nursing home lawyers demand for their clients?

Before we make a settlement demand, our California nursing home lawyers work with the resident’s doctors and our own network of doctors when necessary (such as when the nursing home doctors are responsible) to verify the injuries of the claimant (your loved one) and assess the full scope and severity of their injuries. We demand the following damages:

• The cost of the resident’s medical care. These expenses include all expenses to date and all future expenses, including emergency medical care, hospitalizations, surgeries, physical therapy and other types of rehabilitation, assistive devices and assistive technology, and medications.
• The physical pain and emotional suffering of the resident. This includes compensation for your loved one’s daily physical pain (including every moment of agony or discomfort) and your loved one’s emotional suffering (including every moment of anxiety, worry, or depression).
• Other non-economic damages. These may include the loss of bodily functions and the inability to enjoy life’s pleasures.
• Other economic damages. These may include any property damage and any loss of income (if your loved one was able to earn an income while living in a nursing home). There may also be expenses if your loved one needs a transfer to another nursing home in California.

In cases where the conduct of a nursing home or another defendant is unconscionable, we also seek punitive damages. The purpose of punitive damages is to send a message to the nursing home or other liable party that their conduct needs to stop immediately and to punish the responsible defendants for their misconduct.

If your loved one tragically dies, we seek wrongful death damages. These damages generally include funeral and burial costs, the loss of personal support (love, guidance, and comfort your loved one would have provided), the loss of any financial support, and any pain and suffering before the death of your loved one due to abuse or neglect.

What factors affect the amount of a nursing home settlement or award in California?

Each resident’s claim is unique. Several factors affect the amount of a nursing home settlement. These factors include:

• The type of injury and the severity of the injury. Generally, injuries that are not likely to heal are worth more than injuries that will heal – though it must be kept in mind that injuries to seniors usually take more time to heal than injuries to younger people. Many seniors who suffer nursing home abuse or neglect at California nursing homes live with permanent or chronic pain.
• The life expectancy of the victim. The number of years the resident is likely to live and the length of their expected life after the injury as compared to before the injury can affect the settlement amount.
• The type of medical care needed. Residents who require hospitalizations and/or surgeries are likely to receive higher settlement amounts.
• The length of the abuse. The longer a resident suffers abuse or neglect, the more that person is likely to receive. Additionally, extensive abuse is more likely to justify a punitive damage result.

Other factors that affect the amount of nursing home settlement in California include who is responsible, how many defendants are responsible, and the amount of insurance coverage that each defendant has.

Additionally, the ability of the resident or others on their behalf (such as doctors) to testify can affect the outcome. Another consideration is if your loved one and family members are ready to have a trial if the case does not settle.

What settlement amount can I expect for a nursing home abuse or neglect claim in California?

Our California nursing home lawyers have obtained $3 billion in recoveries for our clients. Some of these recoveries involve class action lawsuits involving multiple victims. Many recoveries involve individual claimants or their families.

At Garcia & Artigliere, we work with doctors, lifetime planners, and other medical professionals to help determine your loved one’s needs and the value of their claim. Generally, the value of a case depends on how much similar cases have settled for.

We have an impressive record of settlements, including many for millions of dollars. Our lawyers work with our clients throughout the negotiation process.

Some of our successes include the following:

• $38,600,000. Nursing Home Abuse & Neglect. We obtained a $38.6 million settlement, considered to be the largest Elder Abuse and Dependent Adult Civil Protection Act settlement (EADACPA) in California history.
• $12,000,000. Nursing Home Understaffing Case. Garcia & Artigliere obtained a $12 million settlement after seven years of litigation involving the largest provider of long-term health care in Southern California in understaffing allegations.
• $5,400,000. Fatal Nursing Home Abuse & Neglect. After an 8-week trial in Fresno County, California, elder abuse attorney Stephen M. Garcia persuaded a Fresno County jury to enter judgment for the wrongful death of a woman who came to a skilled nursing home for rehabilitation but died of an untreated and ignored infection in her abdomen. The verdict included one of the top ten punitive damage awards in the state of California for a single year.

Our California nursing home lawyers have more than 150 years of combined experience (we’ve been fighting for clients since 1993) and 40 staff members to fight for your loved one’s health and future. We’re prepared to guide you and your loved one through each step of the claims process, including settlement discussions.

Garcia & Artigliere maintains offices in Los Angeles at 2029 Century Park East, Suite 400, and in Long Beach at 180 E. Ocean Blvd., Suite 1100. Call us or complete our contact form to schedule a free consultation today. Our national firm also has offices in Phoenix, New Orleans, and Louisville.