The key to the settlement of elder abuse cases from a plaintiff's point of view involves an attorney's understanding of how to create a risk of the nursing home or other facility of a large attorney fee and/or punitive damage award.

Insurance companies, including insurance companies who insure nursing homes, love to focus on the damage to a specific plaintiff and ignore all of the other factors which should go into a settlement. In elder abuse cases, frequently the actual damages to a plaintiff are relatively insignificant. Thus, the insurance company will put a low value on the case.

However, the insurance company and defendant must be made to understand that if plaintiff prevails on an elder abuse cause of action, the plaintiff attorney will be awarded fees which will generally be at least hundreds of thousands of dollars, and punitive damage awards, especially against nursing home chains, can result in multimillion dollar awards.

Thus, if plaintiff can make the case for elder abuse, the risk of attorneys fees and punitive damages should turn a five-figure "injury" case into a six- or seven-figure attorney fee or punitive damage case.

If you are a concerned relative or friend of an elderly person that you believe is suffering from elder abuse in the Los Angeles area, we'd like to hear from you. Contact us online or call us at 818-756-2029 to set up a FREE consultation to discuss your legal options.