The Process of a Nursing Home Lawsuit in Richmond
Nursing home abuse and neglect are problems plaguing facilities all around the country. You assume that when you move a loved one into a nursing home, they will be well cared for and treated with respect.
When that doesn’t happen, the resident’s family may need to file a lawsuit to hold the nursing home accountable for negligence. A nursing home abuse lawsuit can be notoriously complicated cases to resolve.
It can take months or even years before defendants are willing to negotiate any nursing home negligence lawsuit settlements.
To learn more about how to file a lawsuit for nursing home abuse and neglect in Virginia, speak with an experienced Richmond nursing home attorney at Lantz & Robins, P.C.
How a Richmond Nursing Home Lawsuit Works
Before filing a lawsuit, many victims and their families will try to pursue a settlement with the nursing home directly. Settling out of court can save both time and money.
However, you could be settling for less money if you handle the claim yourself. That is why having a legal advocate like Lantz & Robins, P.C., on your side is so important.
Insurance companies know plaintiffs don’t have legal experience or understand the claims process, so they often extend offers for far less than the case is worth.
If your case doesn’t resolve out of court, then your attorney will file a lawsuit on the victim’s behalf. The defendants will need to file an answer to your lawsuit.
Depending on the case’s circumstances, your attorney may begin negotiations right away, or they may start depositions and utilize other investigative tools.
At some point, you could be required to attend a mediation where an impartial third party tries to help you resolve your outstanding differences so you can settle the case.
During the litigation process, your attorney may issue a settlement demand to the defendant, or the defendant may voluntarily extend a settlement offer.
There is no exact order that all cases follow in litigation, which is why it’s hard to predict when nursing home abuse and neglect lawsuit settlements will happen.
If you still cannot reach a settlement with the nursing home in the early stages of litigation, then your attorney will begin preparing your case for trial.
How Long Does It Take to Settle a Nursing Home Lawsuit in Richmond?
Because every case is different, there is no set time or average for how long nursing home negligence settlements take to negotiate. The more substantial evidence you can present to the nursing home’s defense team, the better your chance of resolving the matter sooner.
When you have an experienced Richmond nursing home negligence attorney representing you, your case will likely resolve for more money than if you were unrepresented.
In many situations, it can take months or even years before a nursing home lawsuit will settle. Factors that influence the time it takes to resolve your case include the amount of evidence, the severity of the victim’s injuries, their prognosis for recovery, and more.
If your case ends up in litigation and may head to trial, it can take significantly longer to resolve. In some cases, it could be years before your family receives any sort of compensation.
In general, most nursing home negligence settlements happen before the case gets close to trial. There is a high cost to take a case to trial, and there is no guarantee of the outcome.
Settling beforehand can reduce legal expenses and costs while ensuring your family member isn’t waiting years for financial compensation. Your attorney will be the one who advises you on the best course of action and whether the proposed settlement is fair.
Contact a Richmond Nursing Home Negligence Lawyer Today
If you suspect someone in your family is the victim of nursing home abuse or neglect, don’t wait to get help. Contact Lantz & Robins, P.C., today to schedule an initial consultation.
We have extensive experience handling nursing home lawsuit cases, and we can help you fight for the compensation your family member deserves.
W. RANDOLPH ROBINS, JR.
Mr. Robins is an active member of the Virginia Trial Lawyers Association and the American Association for Justice, groups that are dedicated to making transportation, healthcare, and workplaces safer for average people. Born and raised in Richmond, Mr. Robins graduated from the University of North Carolina and earned his law degree from the Washington College of Law at American University.
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