A nursing home lawsuit can cause distress to everyone involved, and you may not have much time to reach a resolution.
The average nursing home lawsuit can take anywhere from 18 to 24 months to settle or reach a resolution in court. If you’re getting ready to undertake one of these cases, you should be prepared for a lengthy process that can be financially and emotionally taxing.
However, it’s possible for this process to move faster if you are adequately represented by a competent lawyer from the start. A lawyer can also help you to obtain a larger award settlement at the end of your case.
Why Would You Settle a Nursing Home Lawsuit?
You’ll want to settle a nursing home lawsuit if you are facing a drawn-out court case and can’t bear the financial or emotional burden. While you may obtain more from a jury trial, you simply might not have the time or resources to see a case all the way through.
With a settlement, you can also keep details of the experience private and can avoid a judgment for or against you. This can be a better option for people facing time constraints or for those who want to exert more control over their cases.
How Does the Nursing Home Settlement Process Work?
While each nursing home settlement case is different, they tend to follow the same basic process.
A nursing home lawsuit typically begins with the victim contacting an attorney. The attorney will then evaluate whether or not a case has merit before they decide to adopt it. Common causes for nursing home lawsuits are as follows:
- Abnormal injuries, such as bruises or broken bones
- Signs of neglect, such as bedsores or malnutrition
- Wrongful death
- Elder abuse relating to finances
Choosing the right attorney at the start of this process is crucial to the success of your lawsuit and settlement. Pintas and Mullins has 35 years of legal experience. Visit their website if you have more questions about nursing home lawsuits.
Notice of Claim and Filing Suit
If an attorney believes your case has merit, they will issue a Notice of Claim (NOC) to the defending parties. That will give them a 60-day warning that you will be filing a civil lawsuit against them. Once this period has passed and if you and the nursing home have not come to an agreement, your attorney will then file a civil lawsuit against them outlining your claims.
During the discovery period, each side will share the evidence they have collected to support their claims. This may include witness depositions, relevant documents, medical records, and any other information that is relevant to the case.
Your attorney may issue a demand letter to the nursing home, outlining your demands prior to a trial. The nursing home may accept your requests or may try to bargain.
If the nursing home doesn’t accept your demands, then the next stage is mediation. Both sides will attempt to come to an agreement. This may be done in-person or electronically over the phone or through email.
Settlement or Court
After negotiations, if both sides agree, the nursing home may offer a settlement, which the plaintiff may then accept. However, if either side refuses to accept a deal, then the case moves to court, or in rare cases, arbitration.
A nursing home lawsuit can cause distress to everyone involved, and you may not have much time to reach a resolution. A lawyer experienced in these types of cases can help you get the maximum amount that you or your loved one is owed, in a timely manner. They can guide you through every step of the process, ensuring that nothing gets missed, and you are in the strongest position possible to obtain what you are owed.