The majority of nursing home abuse or negligence lawsuits in Illinois will result in some type of settlement realized between the family of the individual and the facility they are suing. Sometimes, nursing home lawsuits are settled quietly between the parties and other times the cases may be resolved with the assistance of a judge or mediator to help facilitate a resolution to the case.
Below we’ve compiled some settlements and jury verdicts on for different types of nursing home cases in Illinois. This information may be useful in helping you assess the value of your case. Should you have questions about the value of an incident at a nursing home, we invite you to contact our law firm for a free review of your situation with an experienced lawyer.The Benefits of Settling a Case
From the time a lawsuit is filed, through the time it is ready for trial may be several years. During that time, even families committed to ‘seeing their day in court’ may begin to rethink their decision to pursue their case at trial.
While some cases may not be ‘settleable’ based on the circumstances involved, the majority of meritorious nursing home injury cases have some value to them based upon the objective facts of the case. Consequently, families may wish to consider resolving a nursing home injury or wrongful death case for the following reasons:
- Closure- A settlement may close the door on an unpleasant event
- Timeliness - Most settlements are considerably faster than taking a case to trial
- Cost Savings - Taking a case to trial may require considerable expense in order to bring in physicians and experts to testify live. While the costs may be initially paid by the attorney handling the matter, these costs are generally taken out of the families portion of the recovery.
- Certainty – No one knows how a jury will react to evidence presented before them. A settlement eliminates the potentially wild swings a jury may have about a case.
- Privacy – If a family wishes the outcome of a lawsuit to remain private a settlement can achieve this while a jury trial remains part of the public record.
With the benefits of settling a nursing home case, one may ask why all disputes involving nursing home patients are not settled. The main drawback to the settlement of a nursing home lawsuit is that you effectively lose your day in court. While some people may not think twice about this, others may view this as a loss of their constitutional right to a jury trial.Why Some Nursing Home Cases Are Worth More Thank Others?
Below we have attempted to organize some nursing home cases according to the case type. You may look through the various situations and feel like there are similarities between your situation and the facts described--- and there very well may be. Nonetheless, despite the similarities, we caution you into reading too much into the value of your case without the input of an experienced attorney.
Cliché aside, each circumstance is somewhat different and these factors will likely add or detract value to your case. As attorneys who have resolved nursing home negligence cases throughout Illinois, we suggest you consider the following factors, which will likely impact the settlement value of your case.
- Age of person - Like it or not, nursing home cases involving younger people tend to have more value than those involving the very old.
- Overall health of patient - Was the individual in the nursing home for a short-term rehabilitation or were they there for the long haul? A healthier person’s injury tends to have more value than some with existing conditions.
- Insurance companies – Some insurance companies for nursing homes attempt to resolve cases while others do not.
- Pattern of care - While an incident involving patient injury may happen anywhere, facilities that have a pattern of problems may be more inclined to resolve a case than a facility where care tends to be better.
- Family involvement - Nursing homes will regularly look to see if a family was involved and visited their loved one during an admission. They will look at the frequency of visits in determining if the family was genuinely involved or may be looking for a payday from an incident.
- Jurisdiction - Cases in metropolitan areas, such as Chicago, likely have more value from a settlement perspective because jurors value these cases more aggressively.
Here are some statistics regarding Illinois nursing home cases to give you a general sense of how these cases are valued here.
- The state average for nursing home cases is just under $1,000,000
- The state median return for nursing home cases is approximately $200,000.
- 39% of all cases recovered under $100,000 and 14% of all cases recovered more than $1,000,000.
- 30% of all cases in Cook County recovered under $100,000 and 26% of all cases in Cook County recovered more than $1,000,000.
Nursing home accidents are becoming increasingly common with the burgeoning number of people residing in them. After you or someone you care about is hurt, the topic normally turns to recovery. “How much is my nursing home case worth?” is a question we can early and often from people that we have represented. While every case should be judged on its own merits, you can get a sense of what is possible by looking at cases with similar injuries. Therefore, we have arranged a series of case summaries below to give you an indication of the value of your situation. Please call us today for a more detailed account of available compensation to you under Illinois law.