Potential clients often ask us who is responsible for paying for injuries suffered by their loved one at a nursing home. Almost 100% of the time, although the nursing home is responsible for the injury, the nursing home’s liability insurance provider will be the entity cutting the check for your loved one’s compensation.
When we file lawsuit against a nursing home, the complaint will list a host of different individuals or entities whom we believe are responsible for committing the negligent acts. These parties are the ones who are truly “at fault.” These are the parties that would participate in the litigation and ultimately the trial. They are the same parties against whom a verdict would be rendered.
However, to the extent that a nursing home or assisted living facility maintains general liability insurance, the insurance company is obligated to “step into the shoes” of the nursing home. In other words, the insurance company will negotiate on behalf of the nursing home in settlement, or provide legal counsel at trial. The reason: they are legally bound to do so.
Think of it like a contract between them. The nursing home agrees to pays premiums to the insurance company, and the insurance agrees to pay out compensation to an injured person (i.e., your loved one) whenever the nursing home acts negligently.
Nursing home insurance policies generally start at one to two million dollars per person per occurrence, and can often be higher. Nursing homes may also carry umbrella policies, which can provide even higher coverage.
If your loved has been injured while residing in a nursing home, and you are not sure how the nursing home could afford to pay full compensation, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free.