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There is no set amount of compensation that a claimant in a nursing home negligence case can receive. Florida allows the pursuit of the recovery of both economic and non-economic damages. Damages refers to payments made for physical harm. Economic damages are payments made for out-of-pocket expenses such as the cost of medical treatment or psychological counseling to assist the victim in recovering from the harm. Non-economic damages are payments made for the impact that the injury has had on the victim’s life, and can include such things as physical pain and suffering, emotional distress, and loss of the enjoyment of life.
Your attorney will establish a value to your case based on the expenses you have incurred and the impacts you have faced. Your case’s value represents the maximum amount of compensation that is statutorily available to you based on your ability to prove liability and to establish the expenses and the impacts you have endured. It should be noted, however, that this value is the starting point of negotiations with the at-fault party’s insurance provider. Likely, a settlement offer you receive will not be as high as the case value. Your attorney will provide you with guidance as to the pros and cons of accepting a settlement offer or litigating a case.