CNA Insurance, one of the largest commercial and casualty insurance companies in the country, recently reported that the average nursing home neglect claim settlement is $245,559.00. The amount was based on 2,265 aging services professional liability claims that were filed across the country between January 2018 and December 2020.
Other interesting information from the CNA Insurance report includes:
- 40% of claims were filed for falls and fall injuries.
- Almost 25% of claims were filed for pressure injuries and bed sores.
- The average fall claim settlement in 2021 was $226,813.00.
- The average pressure ulcer claim settlement in 2021 was $252,757.00.
- The average wrongful death claim settlement in 2021 was $284,384.00.
- The average elopement (wandering) claim settlement in 2021 was $360,840.00, the highest of the case types categorized by CNA.
- The average infection claim settlement in 2021 was $178,788.00, the lowest of the case types categorized by CNA.
- Settlement averages for all case types categorized by CNA increased between 2018 and 2021.
What Changes Are Nursing Home Neglect Claim’s Value?
The $245,559.00 average nursing home neglect claim settlement reported by CNA Insurance is just that: an average amount. Some of the cases reviewed by CNA had higher values, and some had lower values. Every case has a unique value that is based on a variety of factors, so it’s impossible for a law firm to guarantee the value of a specific claim when it starts. It’s also not possible to guarantee that a claim will settle at all. However, a highly experienced nursing home neglect attorney can use their talents and resources to fight for the most possible compensation on behalf of their client.
Factors that can increase or decrease the value of a nursing home neglect claim include:
- How the neglect happened and if it could have reasonably been prevented.
- If the injured party’s negligence contributed to their own injuries.
- If the injured party’s family lost wages to care for them as a result of the negligence.
- Type of medical treatment needed by the injured party.
- Extent of the injured party’s pain, suffering, and traumatization.
- If punitive damages are permitted in the state hearing the lawsuit.
Why Do Some Cases Settle & Some Don’t?
As mentioned, not all nursing home neglect lawsuits will settle. Even if evidence is stacked against the nursing home or assisted living center, the defendant might not be willing to settle. Sometimes, defendants try to drag a case to trial in hopes that the plaintiff will give up and drop the case altogether. In other cases, a defendant will offer a settlement but intentionally keep it low. The objective in such a situation is to wear out the plaintiff and make them more likely to accept a settlement amount that does not reflect the amount they are actually owed. Both situations are good reasons to only file a nursing home neglect claim with the guidance of a professional attorney.
Call Brown & Barron to File a Nursing Home Neglect Claim
Brown & Barron is proud to offer our legal counsel to the people of Maryland and the surrounding region. If your loved one was injured, abused, or neglected in a nursing home, reach out to our law firm today to discuss your legal options. Our nursing home neglect team has won numerous cases for our clients throughout our many years of practice, including a recent $600,000 settlement, which is more than double the average settlement payout. Again, we can’t guarantee that a case will settle or its value, not at the very start of a case, but we can promise that we will be ready to fight tirelessly on your behalf. Securing compensation and justice for the wrongfully injured in our communities is our passion; it’d be an honor to file against a nursing home in your family’s name.
Call (410) 698-1717 now or contact us online to request an initial case evaluation.