When families pursue legal action Visit this page after nursing home abuse or neglect, one of the most common questions is: “Will a settlement or a jury verdict result in a higher payout?” The answer isn’t always straightforward. Both settlements and jury verdicts have advantages and drawbacks, and the amount awarded can vary widely depending on the case specifics.
In this article, we’ll explore the differences between settlements and jury verdicts, how each impacts compensation amounts, and what factors influence which option might pay more in a nursing home abuse lawsuit.
Understanding Settlements and Jury Verdicts
What Is a Settlement?
A settlement is an agreement reached between the plaintiff (the injured party) and the defendant (often the nursing home or its insurer) to resolve the lawsuit without going to trial. Settlements can happen at any stage—from shortly after filing the claim to during trial.
Settlements often involve negotiations, sometimes with the help of mediators, and result in the defendant paying a lump sum to the plaintiff in exchange for dropping the lawsuit.
What Is a Jury Verdict?
A jury verdict occurs when a lawsuit goes to trial, and a jury hears evidence from both sides before deciding whether the defendant is liable and, if so, how much money the plaintiff should receive. The judge then enters the verdict as a court judgment.
If either side disagrees with the verdict, they may appeal or seek a new trial, but the amount awarded by the jury typically sets the benchmark for compensation.
Which Pays More: Settlements or Jury Verdicts?
The Average Compensation Comparison
Studies across various types of personal injury cases, including nursing home abuse, suggest that jury verdicts often award higher amounts than settlements—but with significant caveats.
Settlements: Tend to be more conservative. Insurance companies and defendants prefer to limit their financial exposure and avoid the unpredictability of a trial. As a result, settlement offers might be lower but guaranteed.
Jury Verdicts: Can sometimes result in multi-million-dollar awards, especially if the jury wants to punish egregious behavior (punitive damages). However, they can also be unpredictable, with some verdicts far below expectations or even in favor of the defendant.
Why Do Jury Verdicts Sometimes Pay More?
Punitive Damages: Juries can award punitive damages intended to punish the defendant for particularly reckless or intentional misconduct. These awards rarely happen in settlements.
Emotional Impact: Seeing the plaintiff or their family testify live can influence jurors emotionally, leading to larger awards for pain and suffering.
Trial Risks for Defendants: To avoid the risk of a large jury award, defendants sometimes agree to larger settlements.
Why Do Settlements Sometimes Make More Sense?
Guaranteed Payment: Settlements provide a guaranteed payout, avoiding the risk of losing at trial.
Faster Resolution: Lawsuits can drag on for years. Settlements allow families to receive compensation sooner and avoid the emotional toll of a trial.
Lower Legal Costs: Trials are expensive, and legal fees can erode the final award. Settlements reduce court costs.
Privacy: Settlements are private agreements, whereas jury verdicts are public records. Some families prefer discretion.
Factors That Influence Whether a Settlement or Jury Verdict Pays More
- Strength of Evidence
Strong evidence—medical records, witness testimony, surveillance footage—makes a higher jury verdict more likely. Weak evidence may push parties toward lower settlements. - Severity of Injury or Abuse
More severe injuries, long-term harm, or wrongful death cases tend to attract higher awards and larger settlements. - The Defendant’s Attitude
Some nursing homes and insurers aggressively fight claims to minimize payouts, increasing the likelihood of a trial. Others prefer quick settlements to avoid bad publicity. - Jurisdiction
Some courts and juries are more plaintiff-friendly and tend to award higher verdicts, while others favor defendants. - Expert Witnesses
Experts who can clearly link injuries to neglect and establish damages often tip the scales toward a higher jury award.
Real-Life Examples: Settlements vs. Jury Verdicts
Settlement Example: A family whose mother suffered severe bedsores and dehydration in a nursing home accepted a $250,000 settlement after two years of negotiation, avoiding the uncertainty of trial.
Jury Verdict Example: In another case, a jury awarded $1.2 million after hearing testimony about systemic neglect leading to a wrongful death, including punitive damages.
Both outcomes provided compensation, but the verdict delivered a substantially higher payout—albeit after a longer, more stressful process.
Should You Settle or Go to Trial?
Deciding whether to settle or pursue a jury verdict is a personal and strategic choice that depends on many factors:
Consult an experienced nursing home abuse attorney who can evaluate the strength of your case and advise on potential outcomes.
Consider your family’s emotional readiness for a trial.
Evaluate financial needs and timeline—if urgent medical expenses need covering, a settlement might be preferable.
Weigh the desire for public accountability—some families want to send a message by taking the case to court.
Final Thoughts
There’s no one-size-fits-all answer to whether settlements or jury verdicts pay more in nursing home abuse cases. While jury verdicts can lead to larger awards, they carry risks and require endurance. Settlements offer certainty and speed but may result in less money.
Ultimately, the best course of action is guided by your family’s priorities, the specifics of your case, and advice from trusted legal counsel. Whether settling or going to trial, taking a stand against nursing home abuse is a crucial step toward justice and preventing future harm.
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