Bedsores, or pressure ulcers, are common injuries for immobile adults, especially those in nursing homes. Nursing home staff or at-home caregivers sometimes do not move the stationary person enough, resulting in these painful injuries. Victims have rights and may be entitled to compensation. Understandably, prospective clients want to know the average settlement of a bedsore lawsuit. If you have questions about a bedsore lawsuit settlement value, contact the Senior Justice Law Firm today to schedule a consultation.
What Is the Normal Settlement for a Bedsore Injury?
Unfortunately, there is no average bedsore settlement range we can share. Every case is unique. Historically, our bedsore attorneys have settled bed sore cases for as low as $30,000, and we have also obtained some bed sore settlements of $1 million or more.
Individual circumstances vary, which impact your claim’s potential value. But we can say that someone with a significantly more severe bedsore injury would likely have a higher case value than someone with a minor bedsore.
Factors that can impact a pressure ulcer lawsuit settlement include:
- Medical expenses to date,
- Future expected medical expenses,
- Possibility of infection,
- Whether the bedsore was preventable,
- The stage of the pressure injury (a Stage 4 pressure ulcer is much more severe than a Stage 2)
- The defendant’s actions or inaction,
- Physical pain and suffering, and
- Mental anguish.
The more extensive and serious your injuries, the more your case could be worth. Settlement values also depend on whether the defendant could have prevented the injuries. Most bedsores are preventable, which means there’s a greater chance of finding the caretaker or nursing home was negligent.
Stages of a Bedsore
Bedsores typically have four stages, with stage 1 being the most minor and stage 4 being the most serious:
- Stage 1: the area is red and feels warm when you touch it;
- Stage 2: the area may have an open wound or blistered area;
- Stage 3: the area starts to resemble a crater due to damage occurring below the skin’s surface; and
- Stage 4: the area displays severe damage with a significant-size wound.
Bedsores can also lead to other health complications, including death. If a victim dies from bedsore complications, certain surviving family members have the right to bring a wrongful death lawsuit.
Does the Value of a Bedsore Injury Differ Once You File a Lawsuit?
The typical out-of-court settlement for a bedsore injury doesn’t necessarily change once you file a lawsuit. However, there’s a chance a bedsore lawsuit settlement might be higher. That’s because a jury might be more sympathetic to the victim, resulting in a higher award than the defendant’s insurance company wants to pay. Additionally, as our lawyers litigate the case, the value of the case can improve with discovery and depositions.
The prospect of jury sympathy can sometimes work in your favor if the insurance company doesn’t want to risk going to trial. However, don’t assume that the average pressure ulcer lawsuit settlement will always be higher than a pre-litigation settlement. Hiring an attorney is the best way to calculate an accurate settlement range for your case.
Contact a Personal Injury Attorney
If you have questions about the average settlement of a bedsore lawsuit, please get in touch with the experienced legal team at Senior Justice Law Firm today. We have the skills and expertise to help you fight for maximum compensation in a bedsore lawsuit, whether the defendant is an individual caregiver or a corporate-owned nursing home. Our lawyers are dedicated to helping you get justice for your or a loved one’s injuries.
