It depends on what state the abuse took place in, but the amount of time it takes to resolve or settle a nursing home lawsuit can vary from a few months to several years. As any experienced nursing home abuse lawyer will advise you, there are multiple factors that determine the timeline of a lawsuit until reaching final settlement. The nursing home abuse lawyers at Pintas & Mullins can help you address those factors and offer you answers to commonly asked questions regarding a nursing home lawsuit and what you can expect as you move forward.
What Factors Affect the Timeline of Nursing Home Lawsuits?
As the baby boomer generation ages and medical science has the ability to extend the populations’ life span, more people will require long-term care in nursing homes which may well increase the incidence of abuse.
As of July 2023, there were more than 26,000 nursing homes in the U.S. housing almost a million-and-a-half residents. Experts estimate that 27 to 30 million people will require long-term nursing care by the year 2050. Given that substantial number of residents, it is sadly safe to assume that a certain percentage of them will become victims of nursing home negligence, abuse, or even death.
Nursing home negligence and wrongful death lawsuits are justified when it is apparent that a loved one has been the victim of elder abuse or neglect. There are multiple variables that affect the time required to reach a nursing home settlement, including:
- Willingness to Negotiate. If both parties can agree to negotiate, it can accelerate the time it takes to reach a nursing home settlement. However, if one or more parties is unwilling to cooperate it could extend the timeline until a settlement is reached.
- Complexity. If there are complex issues involved, many witnesses, or a great deal of evidence, the case can take time to investigate, review discovery materials, gather and analyze evidence, perform depositions, and more. This can make a nursing home lawsuit a lengthier matter to settle.
- Options to Mediate or Arbitrate. Mediation or arbitration in a nursing home lawsuit can speed up the legal process. This is often faster than going through a long full trial.
- Court Docket. A full court docket or a shortage of available judges can cause delays in scheduling hearings or trials in a nursing home lawsuit.
- Pre-trial Motions. Pre-trial motions, or requests to the court on various aspects of the case, can extend the time it takes to pursue the lawsuit.
- Trial. If the case cannot be settled, but instead goes to trial, it can take a much longer period of time to work through the process. The trial itself can last for days to weeks or even longer.
- Appeals. If either party is unhappy with the final court decision, they are entitled to appeal the ruling. This can draw out the nursing home lawsuit timeline even further.
Given all factors, it’s better and faster to reach a nursing home lawsuit settlement than to spend long periods of time and large amounts of money pursuing a court judgment.
If you’re considering filing a nursing home lawsuit, schedule a free consultation with a Pintas & Mullins nursing home abuse lawyer to discuss your options. Call (800) 794-0444 today.
What Happens After Filing a Nursing Home Lawsuit?
The process of filing nursing home lawsuits can be broken down into the following steps:
- Case evaluation. A nursing home abuse lawyer meets with the party initiating the case (the plaintiff) and collects information. They will then evaluate the information and determine whether or not a case can be pursued.
- Investigating facts and determining damages. This step involves gathering information such as medical records, facility records, client records, and other materials. These records are analyzed to determine liability and damages.
- Notice of claim. Sixty days before filing a complaint with the court, the nursing home abuse attorney sends a notice of claim letter to the potential defendants.
- Filing a complaint. The nursing home abuse attorney files a legal complaint with the court. The defendants are then served with the complaint notifying them of the nursing home lawsuit.
- Discovery. Both plaintiffs and defendants exchange information and gather evidence. This can include depositions of victims, witnesses, and experts.
- Mediation or arbitration. A neutral third party helps both sides negotiate a settlement.
- Trial. If mediation or arbitration is unsuccessful the case goes to trial where both sides are allowed to argue their case and present evidence.
- Trial Verdict. At the conclusion of the trial a jury hands down a verdict and the judge signs a judgment reflecting that decision.
- Appeal. If either party is unhappy with the verdict, they are entitled to appeal the ruling.
A Pintas & Mullins nursing home abuse lawyer can help guide you through these nursing home settlement steps.
For a free legal consultation with a Lawyer serving nationwide, call (800) 794-0444
How Long Do You Have to File a Nursing Home Lawsuit?
The length of time a person has to file a lawsuit (known as the statute of limitations) for nursing home abuse or nursing home wrongful death varies from state to state. Depending on the type of nursing home lawsuit case, the statute of limitations can run anywhere between two to seven years. That’s why it’s important to consult with a nursing home abuse lawyer as soon as possible to make sure you can file a case.
Schedule a free consultation with a Pintas & Mullins nursing home abuse lawyer today.
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How Long Will It Take to Receive Payment After a Nursing Home Settlement?
Receiving a nursing home lawsuit settlement payment can take anywhere from four to six weeks. This timeline can be affected by several factors that could possibly cause delays, including:
- Document signing and processing
- Insurance company review
- Lien settlements that could include medical bills, health insurance premiums, legal fees, and more
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Call a Pintas & Mullins Nursing Home Abuse Lawyer Today
If you believe your loved one has been the victim of nursing home abuse or neglect, you have the right to take legal action. Contact a Pintas & Mullins’ nursing home abuse lawyer for a free consultation today. You can rely on us to help you receive financial compensation for the losses your loved one has suffered.