Nursing Home Settlement Process

Best Nursing Home Abuse Lawyer

A nursing home lawsuit is a daunting process if you haven’t gone through it before. What most people want to know is how long it takes to get a settlement. The truth is that there is no set answer. The time varies for a variety of factors.

Case Evaluation

This is the initial investigation to see if the case is worth taking off. Normally, this involved a consultation and an investigation of the claim. Usually, an attorney who has experience in nursing home facilities will look into the initial details of the case.

Claim Investigation

Once an attorney takes on a case, he or she will do a more in-depth investigation. This will determine the mistakes made and what to do next in terms of the case. The investigation process often involves gathering records and documents. Since this is a time-consuming process, it can take some time to finish. An expert will overlook the case to see if you have a case. Often, the lawyer will need to see if there was any medical negligence or malpractice.

Notice of Claim

Attorneys send a Notice of Claim or NOC to all potential defendants. This letter notifies each defendant of the injury and of the plaintiff’s intent to file a lawsuit. The NOC needs to be sent at least sixty days before any lawsuit is filed.

Lawsuit

After the NOC, your lawyer will file a lawsuit. If you plan to settle the dispute through arbitration, then the attorney may file the case directly with an arbitration service. This process differs from the traditional litigation process. The attorney, of course, will explain the differences to his or her client when it comes to litigation versus arbitration. A defendant has a month to file an answer with the court.

Settlement Negotiation

Most cases are settled through settlement negotiations. Often, during a settlement negotiation, the plaintiff will make an initial demand. The defendant will either ignore the demand or offer different value. The plaintiff will either accept, reject or counter that offer. In some cases, it will be over in a few days. In other cases, the settlement process could take weeks or months. If the parties cannot come to an agreement, then the case will go to court. The trial itself may take days to weeks to settle.

When it comes to nursing home settlements, the process may be long. There is no set time for how long the case will take. From case evaluation to a settlement negotiation or trial, it can take a lot of time. In fact, the settlement negotiation, lawsuit, and NOC can take months to complete. Talk to the best nursing home abuse lawyer in Philadelphia about your options today.

Thanks to Wieand Law Firm for their insight into nursing home abuse and the settlement process.