Nursing Home Abuse Settlement Basics
Although the facts of any individual case will determine what happens in a nursing home abuse settlement, a consultation with an attorney at the outset of a case can help give a better perspective of what to anticipate.
It is important to gather evidence regarding any allegations of abuse or neglect as soon as possible.
Clear allegations in the uncertainty of trial might prompt the nursing home and related parties to engage in a settlement as soon as possible.
Many times, victims of nursing home abuse as well as their family members identify that the best way to deal with a lawsuit is through a settlement.
A settlement can cut short the amount of time spent dealing with this issue and the legal expenses for both sides.
These can save a substantial amount of time since a nursing home abuse lawsuit that goes to trial can take up to three years before there is a verdict.
The plaintiff has the opportunity to accept a nursing home abuse settlement when it is presented by the other side.
A guaranteed amount of compensation is provided during the settlement process and there are no guarantees in a trial, which is one reason why many attorneys work towards a settlement.
There are many different benefits associated with settling. First of all, you can maintain privacy during a settlement, whereas the record becomes public if the event goes to trial.
The second reason to consider accepting a settlement is because there is a lot more flexibility when arguing for a settlement that is not afforded in the traditional trial process.
There is a no chance for an appeal from a losing party when you have accepted a nursing home abuse settlement and there is also a reduced amount of stress for everyone involved in the case by being able to close out the record and move on.
A nursing home abuse settlement can include a number of different types of payments.
There are some situations, however, in which accepting a nursing home abuse settlement does not make sense.
For example, if a settlement is presented too early in the case and it doesn’t fully compensate the victim or his or her family members for the injuries sustained, then accepting a settlement could be a critical error.
Once you have signed away a settlement, the paperwork usually includes a legal obligation that blocks you from ever bringing forward a case on this claim again.
If you discover that the initial nursing home abuse settlement was not sufficient to cover the medical expenses and other damages tied to the injuries or problems with neglect, you are not eligible to pursue a claim again in the future.
This means that you must feel confident about your decision to agree to a set amount of money in the original nursing home abuse settlement.
The other side might try to offer a low settlement at the outset of the case, so that they can close out this issue and move on.
However, this could be a big mistake if you accept a settlement like this without first consulting with your attorney.
Your attorney will be familiar with similar cases and the kinds of allegations in your individual lawsuit to be able to tell you more about what you can anticipate and whether or not the settlement offer that has been suggested by the other side is truly in your best interests.
The experienced attorneys at McDonald Worley work hard on behalf of those patients who have already suffered and help family members who are filing legal claims on behalf of their loved ones. Schedule a consultation today to learn more.