If I bring a claim against my mother’s nursing home, will the nursing home’s insurance cover the award or settlement?
Insurance should cover the claim. As long as the nursing home is insured, that is.
Some nursing homes these days, although by far the minority, are actually risking carrying no liability insurance. This is risky for them because a single large award for damages could bankrupt a nursing home; the uninsured nursing home will either have to pay the damages itself or the award would be uncollectible if the facility did not have the resources to pay.
When you bring a claim against a nursing home, the insurer will be notified right away. If there is none, you will be dealing directly with the nursing home if they can afford to respond to your claim.
In either case, you should have the advice of an experienced attorney instead of trying to negotiate a claim on your own. An attorney can determine what the insurance policy limits are and what the potential value of a claim is so that you do not go in expecting more than is possible for a recovery or do not undervalue the case and agree to a much lower settlement than you could have received. You also want to make sure you know all your rights and the rights of your loved one, so that you do not agree to a settlement that gives up too much.
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