If you have an elderly loved one who suffered injuries at a New York nursing home as a result of nursing home negligence, your if your loved one died as a result of nursing home injuries, you may be wondering whether it is worth the time, effort, financial expense, and emotional cost of filing a claim and going through a civil lawsuit. Accordingly, you may be wondering: how much is a New York nursing home negligence lawsuit worth? The answer to that question can vary greatly depending upon the specific facts of a person’s case. As such, it is critical to have a New York nursing home negligence attorney assess your case to help you understand what type of damages award you might be able to anticipate.
In the meantime, we want to provide you with more information about the factors that can affect a payout in a nursing home negligence claim.
Factors Affecting a Damages Award in a New York Nursing Home Negligence Claim
Many different factors can affect a damages award in a New York nursing home negligence claim, including but not limited to the following:
● Type and severity of the injuries: The type and severity of the injuries will have a substantial impact in determining the total amount of a nursing home negligence lawsuit payout. You will want to work with your attorney to determine the economic losses associated with the injuries, including medical bills for treatment, and in the event of a wrongful death, funeral and burial costs. The type and severity of the injuries will also play a key role in determining the amount of noneconomic damages. Noneconomic damages are designed to compensate for subjective losses such as pain, suffering, and the loss of enjoyment of life.
● Punitive damages: Whether or not punitive damages, which are also known as exemplary damages, may be appropriate will also factor into the likely value of a nursing home negligence lawsuit. While punitive damages are not awarded commonly in most injury claims, when the defendant’s actions were willful or egregiously reckless, this type of damages award may be appropriate. Punitive damages are designed to punish a defendant for particularly harmful wrongdoing.
● Settlement versus verdict: In many nursing home negligence claims, the case will get settled before it goes to trial. Settlements can be beneficial for both the plaintiff and the defendant to avoid a lengthy and costly lawsuit, but the settlement amount may not be quite as high as a jury verdict would have been.
● Statute of limitations: You can only recover damages if you file your nursing home negligence lawsuit before the statute of limitations runs out. Under New York law, the statute of limitations for most nursing home negligence cases is three years.
Since there is no damages cap in New York (unlike in other states), you do not have to worry about your damages award being capped at a particular amount.
Contact a New York Nursing Home Negligence Attorney
When you have questions about filing a nursing home abuse or neglect claim, it is essential to seek advice from one of our New York nursing home negligence attorneys. Contact Leitner Varughese Warywoda PLLC today to learn more about how we can assist you with a nursing home abuse or neglect lawsuit.