There are many factors to consider when seeking a settlement from a careless nursing home facility. This article will tell you what you need to know about settlements in nursing home negligence lawsuits, including:
- The legal deadlines for filing a lawsuit
- What constitutes nursing home negligence
- How to find out who is legally liable for your loved one’s injury
- What goes into deciding a settlement and who pays for it
The Statute of Limitations
The legal deadline for filing a lawsuit against someone is called the statute of limitations. In South Carolina, nursing home cases are governed by S.C. Ann. § 15-3-530, which states that:
- Nursing home negligence victims (or those acting on their behalf) must start their legal case within three years of the incident.
- Surviving family members have three years from their loved one’s passing to start their nursing home negligence lawsuit.
- If the incident was not discovered right away, the victim or their family has three years from the date of discovery to start the case.
If you do not file your lawsuit within the appointed time, it can prevent you from recovering compensation.
What Is Nursing Home Negligence?
S.C. Ann. § 43-35-10(6) defines neglect as follows:
- The victim is a “vulnerable adult” who relies on a caregiver to remain alive and healthy.
- Either accidentally or on purpose, the caregiver failed to watch the victim closely enough to prevent injury or provide the victim with access to necessary medical treatments, clothing, food, or other necessities.
- The caregiver’s failure to provide proper care caused or could have caused the victim serious harm.
Negligence is not the only way a nursing home can mistreat and harm its residents. You can also sue if your loved one suffered:
- Physical abuse (including sexual abuse)
- Psychological abuse
- Exploitation
Who Is Liable for Nursing Home Negligence?
In many nursing home negligence cases, the liable party is:
- The individual caregiver who neglected your loved one
- The nursing home where the negligent caregiver works
- Both
A nursing home abuse lawyer from our firm can collect evidence to determine whose negligence played a role in your loved one’s injuries and who is liable for the resulting damages.
How Nursing Home Lawsuit Settlements Are Determined
The amount of money you could get from a nursing home lawsuit depends on what injuries your loved one suffered and the types of monetary losses you incurred. Common damages awarded for nursing home negligence include:
- Physical and emotional suffering stemming from the neglect
- Any negative impact on your loved one’s ability to enjoy life
- New disabilities or the worsening of preexisting conditions
- Medical expenses for treating negligence-related injuries
- Income you lost from having to take time off work and tend to your loved one or their case
A lawyer from our team can help you compile a complete list of the damages your family has sustained. We will take the time to assign an accurate value to limit any out-of-pocket costs for you.
Who Pays Nursing Home Lawsuit Settlements?
Nursing homes are generally insured against lawsuits. In other words, if you receive a settlement, it will likely come from the facility’s insurance company, not directly from the facility.
Many lawsuits end in settlements. Most liable parties and their insurers do not want to spend significant time and money going through the court system. Instead, they may be willing to:
- Meet with your lawyer
- Negotiate in good faith
- Agree to pay an amount that covers all of your damages
Do I Have to Go to Court?
It’s critical to note ahead of time that the insurance company may not offer a fair settlement quickly – or at all. Although many cases end without ever going to trial, some do end up in the courtroom. This scenario generally means:
You could benefit from the guidance of a law firm that is willing to represent you in the courtroom and fight just as hard for a jury award as they did for a settlement. Our attorneys believe that while the possibility of going to trial may be remote, it is better to be prepared for all eventualities.
Let Us Help You Seek Compensation for Nursing Home Negligence
Hammack Law Firm treats every client the way we would want our loved ones to be treated. Call (864) 766-7108 for a free case review. We can tell you what you need to know about nursing home negligence lawsuit settlements and help you file a lawsuit for fair compensation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
