While it may be difficult to decide whether to pursue nursing home abuse settlements, the options are sometimes limited. If you are unfamiliar with the legal jargon and process, the decision can become even more perplexing and frustrating. As a premier nursing home litigation law firm, we strongly advise you to become acquainted with the procedures.
A nursing home malpractice lawsuit can be time-consuming. From the beginning (first call) to the end, these cases can last anywhere from 18 months to two years or more. Consider it a marathon. You don’t just get up and start running. To win a lawsuit, you must prepare, work hard, and take your time, just like a marathon. Here are some facts about nursing home lawsuits and why they take so long.
Initial Case Assessment
A nursing home case begins with an initial case evaluation. Primary consultation and investigation of your claim are the two main steps here. Consider this step to be similar to marathon training.
Initially, you will receive a free phone consultation with one of our intake specialists at Gregory Spektor and Associates. We will gather information about the injury as well as details about what occurred. Our nursing home attorneys will then evaluate the information gathered and decide whether or not to accept the case.
Engaging the Client
We will contact you to discuss possible representation once we have decided to accept your case. We will send you the engagement materials if you hire us. These include the lawyer representation agreement and other documents required to order the records of the lawsuit.
You will also have a more in-depth interview with our attorney, during which you will receive a clearer explanation of the process and laws pertaining to your case. You will also receive responses to any questions you may have.
Investigating your Claim
When you hire us to file a lawsuit, we will conduct a thorough investigation to determine whether your claim involves medical errors that can be classified as medical malpractice or medical negligence. The investigation process begins with the collection of lawsuit records, such as facility records, medical records, records from you, and billing records, to name a few.
This procedure can be time-consuming. While the records are being gathered, our attorney will hire an initial consulting professional to look over the case. This professional is typically a reputable and respected medical expert, such as a legal nurse consultant or a doctor. They will be in charge of reviewing the collected records in order to determine liability. Liability entails determining whether or not medical care errors occurred, what injuries were caused (if any), and who is responsible for the errors.
If the medical professional concludes that there is no liability, we will notify you, and the lawsuit will be dismissed. You may then decide to drop the case entirely or seek a second opinion from another lawyer.
Notice of Claim
The medical expert, on the other hand, may discover liability. At this point, we will decide whether or not to pursue the case and will send a Notice of Claim (NOC) to all potential defendants. This letter informs all defendants of your intent to sue and the nature of the injury. This letter is a legal requirement. Typically, the defendant must receive the Notice of Claim 60 days before the lawsuit is filed.
The Nursing Home Lawsuit
Following the distribution of the NOC, our attorneys will file a lawsuit with the court. This is where the real work begins, regardless of whether the lawsuit is filed in arbitration or in court. After the case is filed, the defendant receives a citation informing them of the lawsuit and is also served with it. The defendants must file an answer with the court approximately one month after being served with the lawsuit.
Expert Report (Chapter 74)
We will serve an expert report on all defendants once the defendant(s) have filed an answer with the court. The reports are highly technical and must adhere to statutory requirements. The plaintiff should serve this tailored and detailed report on the defendant within 120 days of the defendant filing their answer in a medical malpractice lawsuit.
The expert report should identify the standard of care, demonstrate how the defendants failed to provide it, and explain how the failures resulted in your injuries. The defendants have the right to object to this report after it has been served on them. In some cases, court hearings may be required to determine whether the report was sufficient. Other than obtaining your medical records, there is usually no further discovery at this stage.
Discovery
The discovery process begins after the expert report is completed. This stage entails all parties involved exchanging and gathering evidence. During this stage of the lawsuit, the parties involved exchange written questions (interrogatories) and document requests.
Depositions are also taken at this stage. This is the stage at which they interrogate any witnesses and each other under oath. They can also obtain depositions, reports, and documents from experts chosen by the opposing party.
Mediation and Settlement Negotiation
The majority of nursing home lawsuits we handle are resolved through mediation conferences or settlement negotiations. Because of the uncertainty and high cost of going to trial, we strongly believe that this route provides the best possible results for all of our clients. Settlement negotiations may begin at any time during the lawsuit, beginning with the filing date. Settlement of a nursing home lawsuit prior to trial reduces overhead while resulting in a comparable compensation amount for our clients. Our attorney will first demand that the other party settle the lawsuit.
At this point, they can either ignore the demand or respond with a different amount. We may reject, accept, or counter the provided offer based on a variety of factors. This back-and-forth may last several weeks or months, or it may be very brief because each case is unique. If both parties agree on a monetary settlement, an agreement will be drafted, and the case will be closed. However, if the parties cannot agree on a settlement amount, the lawsuit will proceed.
Mediation of Nursing Home Lawsuits
Mediation is a legal process in which a neutral third party listens to arguments from all parties involved in the lawsuit and assists them in resolving the case voluntarily. This process can occur in a variety of ways. One option is for the presiding judge to order the parties involved to attend mediation at least once before the lawsuit goes to trial. It is typically ordered after all parties have completed all or the majority of the discovery. The other option involves the parties voluntarily agreeing to bring in a mediator at any point during the litigation.
During this process, the mediator evaluates and reviews the case and the claims, assisting the parties involved in resolving the case through negotiation. If he or she is successful in convincing both parties to negotiate and agree on a specific amount, a settlement agreement can be drafted. It is a written contract between the parties involved, and it is legally enforceable just like any other contract. If mediation fails to produce results and an agreement cannot be reached, the case proceeds to trial.
The Trial
If both the nursing home abuse settlement negotiations and mediation efforts fail, the lawsuit will proceed to trial. All parties involved argue their case in front of a presiding judge and a jury of peers. Depending on the complexity of the nursing home lawsuit and the length of the jury deliberations, the trial could last a few days or several weeks. The jury will render their final verdict after hearing the arguments and making their decision. The judge will then sign the judgment.
Final Recovery
A nursing home lawsuit will result in a final recovery following a trial or settlement agreement. Before payment can begin, both parties must reach an agreement and sign a confidential statement. A portion of the payment is used to pay for case expenses, liens, and medical bills as part of the payment process. Gregory Spektor and Associates’ expert attorneys work to negotiate and pay off all outstanding debts before disbursing the final amount.
If the nursing home lawsuit involves the wrongful death of a loved one, the settlement may also need to be approved by a probate court. This process can take several months at times, but our team strives to complete it as early as possible in the lawsuit. While each case is unique, we strive to keep your outstanding debts to a minimum and paid so that we can disburse the balance as soon as possible.
Factors Affecting the Timeframe or Process of a Nursing Home Lawsuit
While the process outlined above is typical for most nursing home lawsuits, a few factors can influence how quickly personal injury cases move or the length of time it takes to resolve your case. As previously stated, each case is unique. Our experienced attorney is the best person to scrutinize the facts of your case and make an expert decision on how to proceed with your nursing home abuse case. Some of the factors that may influence the timeline and outcome of your lawsuit are as follows:
- Finding an Expert –Before filing a nursing home lawsuit, an expert will often examine your case to determine whether or not nursing home abuse occurred. Finding an expert for some cases, however, can be difficult due to the nature of the expertise required. Finding the right expert for the case can sometimes take longer than expected.
- Statute of Limitations –Depending on where you live, you have a certain amount of time from the date of your personal injury to file a lawsuit. If your lawsuit has a short statute of limitations, our lawyers can begin filing it even before the above-mentioned expert determines liability. This ensures that the nursing home abuse lawsuit can be pursued in the future.
- The Discovery Process – The discovery process differs in each case. Each party submits a slate of depositions, documents, and questions. This is a time-consuming process that could take up to 18 months or more, depending on how quickly both parties respond to requests, the complexity of your case, and the number of defendants.
- Expert Report – Our attorneys will review your information and discuss the specifics in a report with you after locating an appropriate expert for your case. In such cases, we typically consult with doctors, who have demanding schedules. As a result of the expert’s schedule and the complexity of your case, the process of writing the expert report may take longer than expected. This happens more frequently than you might think. Gregory Spektor and Associates maintain strong relationships with our experts, who are also eager to meet deadlines.
- The Disbursement Process –The monetary disbursement process varies from case to case. The settlement agreement specifies how long the guilty party must send you the payments. If multiple defendants are involved, you may receive payments at different points during the lawsuit. We are also in charge of ensuring that all of your debts are paid before disbursing the remainder. If our lawyers are assisting you in negotiating any liens or bills, the process may take a little longer and is usually dependent on the lien or bill holder.
Hire Top-Notch Attorneys for your Nursing Home Lawsuit Today
Each nursing home lawsuit is unique. While there may be a standard procedure for such cases, each case’s timeline or progression is unique. As your lawsuit progresses, our attorneys at Gregory Spektor and Associates will do everything possible to ensure that you and your family receive the best possible outcome on time. We have the knowledge and experience to handle any nursing home case and obtain maximum and fair compensation for your injuries.
Visit Gregory Spektor and Associates in Queens, NY, for more information on settling a nursing home lawsuit. You can also get legal advice by calling 888-797-7755 right now.
