1
Step 1
The amount of elder abuse that occurs in nursing homes is horrific. These egregious acts can range from a nursing home employee physically beating an elderly resident to stealing finances or property. No matter what end of the spectrum, nursing home abuse has become a widespread issue affecting millions of America’s elderly.
The sad fact is that older adults become easy prey for unscrupulous individuals because of the vulnerability that exists due to physical ailments and limitations, a decline in cognitive skills, and the inability to report such abuse suffered at the hands of caretakers. Even though a large portion of elder abuse is not reported, anyone who has experienced this type of abuse by nursing home facilities has the legal right to bring a lawsuit.
During the long process that these cases require, plaintiffs bringing the lawsuits can find themselves becoming financially strapped and emotionally distressed. However, these individuals can apply for lawsuit funding to get financial help during the lengthy court process.
Our team at The Legal Funding Group can aid nursing home abuse victims who are financially struggling while waiting for their cases to be resolved. With this type of funding, plaintiffs are given the means to pay their mounting bills without having to cave to pressure and accept a lower settlement than they deserve.
Types of Nursing Home Abuse
There is a common misconception that elder abuse is always physical, but this is far from true. By understanding the varying forms of elder abuse, friends and family members can become keenly aware of the signs and indications of abuse. According to the National Center on Elder Abuse, there are seven specific kinds of elder abuse. These include:
- Abandonment
- Neglect
- Self-neglect
- Material or financial exploitation
- Sexual abuse
- Physical abuse
- Psychological or emotional abuse
Liability of Nursing Home Facilities
When an employee is acting within the scope of employment, the nursing home facility that hired the individual may be deemed liable for the employee’s actions. Further, the facility may also be found liable for the following issues:
- Failing to hire qualified employees
- Being understaffed to cut payroll costs
- Not properly training employees
- Third-party careless behavior by visitors, security personnel, maintenance workers, etc.
Not only physical abuse but mental abuse as well can be deemed as both a civil offense and a criminal one. Senior abuse is not taken lightly and may result in a legal case being filed against the nursing home. Law firms that employ highly skilled attorneys who have experience at successfully handling cases against negligent nursing homes can help an abused elderly victim receive just compensation for the horrifying damages that have been inflicted.
Filing a Lawsuit for Elder Abuse
Anyone being abused in a nursing home facility or anyone with an older loved one suffering from such abuse should consider taking immediate legal action. Victims and family members can pursue justice against perpetrators and seek compensation.
One way to help stop such abuse is to file a legal case and openly shine a light on the nursing home facility and the abuser. It can help bring about policy changes at the facility, financial compensation for the abused elderly victim, and a reprimand to the perpetrator. Putting a stop to such awful abuse may begin with filing just one legal suit against the facility and the abuser.
How is a Nursing Home Abuse Lawsuit Valued?
The cash value of a nursing home abuse lawsuit can be estimated by evaluating specific points. By doing so, a determination can be made to give the plaintiff a general idea of the compensation the lawsuit will likely generate.
An attorney will estimate the cash value of a lawsuit before a civil trial takes place to assist the victim in deciding whether to pursue it. Additionally, this estimate will help determine the amount of compensation to request in a settlement negotiation.
Here is some additional information concerning case value:
- According to a report by Health Affairs, nursing home abuse cases recover approximately $406,000 per claim.
- Settlements generally produce less compensation than do trial verdicts. However, the cumulative values still fall in the range of millions of dollars.
- Nursing home abuse lawsuits involving wrongful death are among those with the highest values.
- Certain states have limits on how a jury can award much compensation for punitive and non-economic damages. However, there is no cap on economic damages.
Issues Affecting Case Values
When considering the case value of a nursing home abuse lawsuit, one looks at the damages. The word damages refer to injuries and losses suffered by the victim. It also includes extra money that the defendants must pay as a form of punishment for the cruel and irresponsible behavior that caused the problem in the first place. Three elements generally make up the case value of a nursing home abuse lawsuit. These are:
- Economic damages – This refers to financial losses and expenses for the victim that may include stolen money or hospital bills. Generally, it is relatively easy to calculate economic damages, mainly if the abuse victim or family members kept good records of such expenses and losses.
- Non-economic damages – These damages do not have a specific value affixed because they refer to the pain and suffering forced upon the victim by the defendant’s actions. The task of placing a financial value on these non-economic damages is not easy. An attorney will determine their value through research, careful analysis, experience, and assessing all aspects of the case.
- Punitive damages – This term refers to a victim’s financial compensation as a means of punishing the lawsuit’s defendants for intentional harm and reckless behavior. Another purpose of punitive damages is to help prevent others from behaving in the same careless manner.
Types of Nursing Home Abuse Legal Funding
Anyone being abused in a nursing home facility, or anyone with an older loved one who is suffering such abuse, should consider taking immediate legal action. Victims and family members can pursue justice against perpetrators and seek compensation.
One way to help stop such abuse is to file a legal case and openly shine a light on the nursing home facility and the abuser. It can help bring about policy changes at the facility, financial compensation for the abused elderly victim, and a reprimand to the perpetrator. Putting a stop to such awful abuse may begin with filing just one legal suit against the facility and the abuser.
Pre-Settlement Funding
Because lawsuits can take years to be resolved, some plaintiffs feel pressured to take a quick settlement if their health changes for the worse or they experience a severe financial decline. Nursing home abuse pre-settlement funding can help stay the course and allow for plenty of time to reach a successful lawsuit result.
Post-Settlement Funding
Even after settlements have been reached, there can be serious delays in the funds paid. An appeal may be filed by the defendants, taking months or years. Cash can be provided through nursing home abuse post-settlement funding to enable abuse victims to remain financially solvent during the wait.
Cash Advances
With a nursing home abuse cash advance, plaintiffs can acquire cash in the total amount anticipated from the lawsuit settlement.
None of these options require a credit check. We make our determination based on the lawsuit’s strength and not on the plaintiff’s financial history or income.
Benefits of Nursing Home Abuse Legal Funding
The Legal Funding Group cuts through red tape and offers these benefits:
- No credit check – The lawsuit’s quality merits the legal funding, so no credit check nor employment history is necessary.
- You don’t repay if you don’t win – No repayment is required if the case does not end successfully for the plaintiff.
- Dedicated case managers – We keep our clients in the loop and informed throughout the process.
- Quick funding – After approval, the cash advance will be available within 24 hours.
Apply for Nursing Home Abuse Legal Funding Today
To qualify for a nursing home abuse lawsuit loan, the following requirements must be met:
-
- The plaintiff has hired a lawyer on a contingency basis.
- The plaintiff has a claim with merit against an insured party or a self-insured entity.
- The plaintiff is over 18 years old.
Senior citizens and their families trust nursing home facilities and their staff to provide the care they need. It is shocking and heartbreaking when signs of nursing home abuse are noticed, and a family’s worst fears are realized. Families of nursing home residents have every right to file suit against any negligent facility that fails to protect their elderly loved one. Unfortunately, filing a nursing home abuse lawsuit and reaching a settlement takes time and money.
The Legal Funding Group wants to help families and victims of nursing home abuse by providing nursing home abuse lawsuit loans. The burden of nursing home negligence lawsuit financing can be overwhelming. It is our mission to help families in need of financial assistance get through challenging times.