What Causes Nursing Home Abuse Cases to Go Underpaid?
June 25, 2026
How Hard is it to Win a Lawsuit Against a Nursing Home?
It can be difficult to win a lawsuit against a nursing home because nursing home abuse cases can be very complex and, in some cases, may require you to take on large corporations that have extensive resources that you can’t compete with. In some cases, if you’re going up against a nursing home on your own, you may win the lawsuit, but you may also be risking not getting the compensation you deserve. However, winning a lawsuit against a nursing home is not impossible. With sufficient evidence and the right nursing home abuse attorney on your side, it may be easier to win a lawsuit against a nursing home. In this article, we’ll explore what causes nursing home abuse cases to go underpaid and what you can do to get the compensation you deserve.
In The Article
Do All Nursing Homes Have Mandatory Arbitration Clauses?
No. Not all nursing homes have arbitration clauses. Some nursing homes use arbitration agreements to help lower settlement costs and avoid jury trials. While many nursing homes in New Mexico may try to present you with arbitration agreements or have arbitration clauses in their paperwork, they cannot be mandatory for care.
In 2020, the New Mexico Supreme Court “ruled that an Albuquerque nursing home’s arbitration agreement was invalid and unenforceable in a wrongful death lawsuit brought by a former resident’s family.”
While arbitration clauses aren’t mandatory, if you sign one and something happens to your loved one, you may face issues with your nursing home abuse case, which can cause it to go underpaid.
Can Vulnerable and Aging Witnesses Affect Nursing Home Abuse Claims?
A major factor that causes nursing home abuse cases to go underpaid is the witness reliability and credibility. If you choose to have other residents as witnesses to the abuse, they may be discredited based on their medical history, age, and cognitive abilities. In addition, depending on their health, they may not be able to testify, should the nursing home abuse case go to trial.
When it comes to witnesses, it’s essential for you to collect as much firsthand data as possible. This can help you confirm any witness statements. One of the best things you can do is hire a nursing home abuse attorney who will take the time to investigate your loved one’s injuries and interview witnesses to gather information in a more formal manner.
Damage Caps for Nursing Homes in New Mexico
Damage caps have been known to affect compensation for different types of personal injury cases. Damage caps for New Mexico nursing home abuse cases are dependent on the type of nursing home that your loved one was injured in. New Mexico nursing home abuse cases usually fall under medical malpractice damage caps.
Punitive damages for independent care facilities are capped at $1,000,000, while local and statewide facilities are capped at $6,000,000.
Depending on how you approach punitive damages, you may find that your nursing home abuse claim goes underpaid based on damage caps for nursing homes in New Mexico.
How Ron Bell Injury Lawyers Can Help Nursing Home Abuse Victims
For over four decades, Ron Bell Injury Lawyers have been helping nursing home abuse victims get the compensation they deserve. We take the time to investigate the nursing home your loved one is at, collect important evidence that can help build your case, and interview key witnesses to help you prove negligence.
If your loved one was injured or died due to nursing home abuse or neglect, contact Ron Bell Injury Lawyers for your free case evaluation. We know that elderly patients deserve proper care and attention, and we fight to ensure that negligent nursing homes and elder care providers are held accountable for their actions.