Bedsores injuries are painful, preventable, and can have devastating effects on a patient’s health and dignity. Several factors influence how much a bedsore lawsuit is worth, from the severity of the wound to wrongful death claims. Generally, cases involving advanced-stage bedsores, prolonged neglect, or wrongful death result in higher compensation.
If your loved one developed bedsores in a nursing home or care facility, you deserve answers. For a free consultation, call (888) 887-9777 or contact us online.
Factors That Influence Bedsore Lawsuit Payouts
Many variables impact bedsore lawsuit settlement amounts. Below are the main factors courts and insurers consider when valuing these claims.
Severity and Stage of the Bedsore
Bedsores progress from mild redness to deep tissue damage that exposes bones. They are classified into the following four stages:
- Stage 1: The skin is red and possibly bruised, but still intact.
- Stage 2: The skin is worn away, leaving an open wound.
- Stage 3: The wound extends beneath the skin’s surface.
- Stage 4: The damage extends into the deep tissue, including muscle and bone.
Higher-stage bedsores often indicate prolonged neglect, resulting in larger average bedsore settlements.
Physical, Mental, and Emotional Pain and Suffering
The physical, mental, and emotional pain caused by bedsores can deeply impact a resident’s quality of life. Settlement amounts reflect the severity and lasting impact of these harms.
Physical Pain | Mental Suffering | Emotional Distress |
Severe wound pain | Depression | Fear and humiliation |
Infection or sepsis | Anxiety disorders | Loss of dignity |
Surgery or amputation | PTSD symptoms | Isolation or withdrawal |
Reduced mobility | Sleep disturbances | Loss of enjoyment of life |
In addition to the physical pain from wounds, infections, or surgeries, many patients suffer mental health effects like depression and anxiety. Many residents feel shame, fear, or hopelessness due to their condition. More extensive and long-lasting pain and suffering can significantly increase the value of a bedsore lawsuit settlement to address the full impact of neglect on a resident’s life and dignity.
Length of Neglect or Abuse
The duration of neglect is crucial. A bedsore developing over weeks or months suggests systematic neglect. Longer neglect often leads to more severe injuries, higher medical costs, and stronger evidence for a larger settlement.
Age of the Resident
While all victims deserve justice, courts consider life expectancy in damages. Younger elderly residents or those with more active lifestyles may receive higher compensation due to a longer life span.
Medical Bills and Future Treatment Costs
Medical expenses play a significant role in determining bedsore lawsuit settlement amounts. Treatment for bedsores often requires:
- Wound care and debridement to remove damaged tissue
- Infection management, including antibiotics and hospital stays
- Surgery or hospitalization for severe stage 3 and stage 4 wounds
- Long-term rehabilitation, physical therapy, or specialized nursing care
- Medical equipment, such as special mattresses or wound vacuums
- Follow-up visits and ongoing monitoring to prevent recurrence
These costs can quickly add up, placing financial strain on families already facing the emotional toll of nursing home neglect. Additionally, if the resident requires lifelong care or develops permanent disabilities from untreated bedsores, settlements will often account for these future medical needs.
Wrongful Death Due to Bedsores
If a bedsore leads to sepsis or other fatal complications, families can file a wrongful death bedsore lawsuit. These settlements often include:
- Funeral and burial costs
- Loss of companionship damages
- Additional punitive damages in egregious neglect cases
Facility’s History of Violations
If the nursing home has a history of neglect citations, state or federal violations, or prior lawsuits for similar issues, it indicates a pattern of inadequate care and can strengthen your case and increase settlement amounts.
Evidence of repeated violations may lead to the following:
- Higher settlement offers to avoid damaging public trials
- A punitive damages award to punish egregious or reckless behavior and prevent future misconduct
- Stronger leverage during negotiations
When a facility repeatedly neglects residents, it shows systemic failures rather than isolated mistakes. This makes it easier to hold them accountable and can result in increased compensation for victims and families.
Bedsore Settlement Examples
Our bedsore attorneys have recovered millions for victims and their families, including:
- $3 Million settlement for a dependent adult who incurred an infected coccyx bedsore
- $1.25 Million settlement for an elderly resident of an assisted living facility who was neglected and acquired a bedsore
- $1 Million settlement for an elderly woman who developed an extreme bedsore while residing in a skilled nursing facility
How Our Bedsore Attorneys Support Families
At Lanzone Morgan, LLP, we understand that discovering your loved one has suffered from bedsores is devastating. That’s why we take a hands-on, compassionate approach to every case.
Our attorneys will do the following for you:
- Conduct thorough investigations into the neglect or abuse
- Review medical records and facility inspection reports to identify failures in care
- Interview staff, witnesses, and family members to build a complete picture of the incident
- Work with medical and wound care experts to strengthen your claim with professional testimony
- Calculate full damages, including medical costs, pain and suffering, and future care needs
- Negotiate assertively with nursing home corporations and insurers to seek a fair settlement
- Take cases to trial when facilities refuse accountability, fighting for maximum compensation
With over 75 years of combined experience and a singular focus on nursing home abuse cases, we know how to hold negligent facilities accountable and advocate for your family with the dedication, empathy, and precision your loved one deserves.
How Much Does a Pressure Sore Attorney Cost?
Hiring a bedsore attorney at Lanzone Morgan, LLP involves no financial risk to you or your family. Our attorneys handle all bedsore lawsuits on a contingency fee basis, meaning the following:
- No upfront costs
- We only get paid if we win
- Free consultations
This structure ensures that every family can pursue justice, regardless of financial situation. Our goal is to remove barriers so you can focus on supporting your loved one’s recovery while we fight for the compensation they deserve.
Don’t Wait to File Your Pressure Ulcer Claim
California law imposes strict time limits for filing nursing home bedsore lawsuits. In cases involving licensed health care providers, such as nursing homes, hospitals, physicians, nurses, or other licensed medical staff, claims generally must be filed within one year from when the wrongful conduct was discovered, but no later than three years from when the conduct occurred.
For cases involving assisted living facilities, caregivers, or non-medical residential care facilities, lawsuits generally must be filed within two years. However, statute of limitations timelines are not standardized, and various factors can affect these deadlines.
These timelines can be complex and vary based on specific case details, facility reporting, or discovery dates. Waiting too long can permanently bar your right to compensation, leaving families with no legal recourse. It is crucial to speak with an experienced bedsore attorney as soon as possible to protect your loved one’s rights and begin building a strong case.
When both medical malpractice and elder abuse claims are involved, and the primary basis of the action is elder abuse, a two-year statute of limitations typically applies. Additionally, medical malpractice cases require at least 90 days’ notice to defendants before filing, and this notice period can extend filing deadlines under certain circumstances.
Due to these complexities, timelines for filing can vary widely based on case details and legal strategy.
Contact Our Attorneys for Your Bedsore Lawsuit
If you or a loved one developed bedsores due to neglect, Lanzone Morgan, LLP is here to help. We take pride in being a voice for the voiceless and holding facilities accountable.
Call us today at (888) 887-9777 or complete our online form for a free, confidential consultation with a nursing home bedsore attorney.