Personal Injury Lawyer

Many people have questions when it comes to a nursing home injury or neglect claim. These questions often involve how long the claim can take to settle, if you’ll need to go to court, and how long you have to file a claim. Here are some answers to these commonly asked questions.

Will I Have to Go to Court?

Every case is different and while many claims can be settled outside of court, you should always be prepared to go to trial. If the nursing home is willing to settle and they agree to the amount of compensation desired, there’s a good chance that the case can be settled without needing to go to trial. There’s no way to tell in the beginning, however, if they will be agreeable or if you’ll have to go to court.

How Long Will I Have to File My Claim?

The length of time you have to file your claim is known as the “statute of limitations.” These time frames differ from state to state and are generally started either when the abuse or neglect occurred, or when you were made aware of it. It’s always a good idea to file a claim as soon as possible to make sure your claim falls within the statute of limitations outlined by your state.

How Long Does a Claim Take to Settle?

This also depends on your particular case. Typically, the more complicated the case is, the longer it will take to settle. Additionally, the process of settling the claim won’t begin until medical treatment has been completed for the person who was injured. This is because those medical costs will be figured into the requested settlement amount. While it can be difficult to say exactly when your claim will settle, it can be anywhere from several months to several years.

How Do I Prove Negligence in My Case?

Negligence is when a nursing home or its staff act in a way that is reckless or careless, injuring someone in the process. Nursing homes have a responsibility to provide their residents with the support, resources, and tools to help them live as comfortably as possible. When proving a negligence claim, you must show that the nursing home or their staff didn’t act in such a way and that you were injured as a result.

If you or someone you love has been injured while under the care of a nursing home, it’s best to contact a nursing home lawyer, like a nursing home lawyer in Baltimore, MD, as soon as you can.

Thanks to Brown Kiely LLP for their insight into answers to some of the most common questions about nursing home injury claims.