How long does it take for a nursing home case to settle or go to trial?

In general, nursing home cases take 18-24 months to settle or go to trial. Nursing home cases are often more time-consuming due to their nature, but the actual length of time it takes for a resolution varies on a variety of factors.

If a case is generally cut-and-dry and both parties are cooperative, a case may be over in several months. When the case is more complex, or the parties are uncooperative, it is possible for a court case to extend over two years, or more. It is very seldom that a case lasts longer than two years unless there are appeals over large award amounts.

Nursing home cases are filed in the civil court system. It is in the best interest of the plaintiff or their loved ones to secure the counsel of an experienced personal injury lawyer who understands nursing home abuse and neglect laws to determine if there is sufficient evidence that abuse or neglect took place within the nursing home.

A personal injury lawyer must represent their client as well as respect the law. In a nursing home abuse case, a lawyer must prove three facts:

• The nursing home was bound by a contract to provide “a duty of care” to the victim;
• The nursing home failed in its duty through neglect or intentional abuse that caused harm to the victim;
• The facts and evidence prove that “on a balance of probabilities” that the abuse is relevant to the proceedings.

Prior to filing a claim, the lawyer will discuss the case, their options, and the need to be open, honest, and truthful about the evidence in the case. Once a lawsuit begins, there will be four steps to building a case. These steps include:

• Investigation-Your lawyer will spend time going over the specifics and facts of the case. This includes interviews, reviewing important documentation and evidence, and preparing statements of allegation and defense.
• Discovery-The discovery process is a deeper fact-finding process where more evidence is often disclosed, and witnesses will be subpoenaed and will testify at an Examination of Discovery. Their statements will often be used when a case progresses to trial.
• Trial Preparation-Trial preparation allows for further investigation and examination of the facts that have been discovered. Lawyers will often begin their strategies at this point for proving or defending their case. Often offers to settle the case will occur during this step, however, if a settlement cannot be reached, the case will the proceed to trial.
• Trial and Appeal-When a case cannot be successfully settled, it will be heard by a judge and/or jury to determine if the allegations are true and to what degree the defendant will be held liable for their actions. Compensation will then be determined, and the appeals process can begin.

The majority of civil cases, some 90-95%, do not proceed to the Trial and Appeal stage, but are instead settled outside of the courts.

If you believe a loved one has been abused or neglected at a long-term care facility, contact 844 See Mike, for a free consultation. We are a Chicago injury law firm representing individuals and families who have suffered an injury or loss due to an accident. 844 See Mike, will handle your personal injury case quickly, will advise you every step of the way, and will not hesitate to go to trial for you.

Lastly, 844 See Mike, does not get paid attorney’s fees unless we win your case. Our no-fee promise is that simple. Therefore, you have nothing to risk when you hire us–just the opportunity to seek justice.