Filing a nursing home lawsuit can feel overwhelming, as there is no guarantee that the case will be resolved within a specific timeline. These cases vary greatly, depending on their complexity, the extent of the injuries, and many other factors, which we will discuss in this article.
What Is a Nursing Home Lawsuit?
Nursing home lawsuits are filed when a nursing home harms a resident through abuse or neglect. Abuse can be physical, emotional, sexual, or financial and can be committed by staff, visitors, or other residents. Neglect can also have terrible consequences, such as infections, malnutrition, injuries, and death.
The nursing home legal process has several stages, from consultations to investigations and negotiations. It aims to hold the facility accountable, force it to improve its standard of care, and recover compensation for medical, emotional, and financial damages it caused.
Why Do Nursing Home Lawsuits Take Time?
Nursing home injury cases are complex, which is why they require time. The lawyer and the resident’s family have to build a strong case, which requires a thorough investigation of all circumstances that led to harm. This includes obtaining medical records, witness testimonies, and consultations with experts.
Once we establish all the facts and understand what happened to your loved one, we file a lawsuit against the nursing facility. There are legal deadlines for the other party to respond, which adds to the duration of the legal process.
Negotiations with defense lawyers are another factor, as they often take months. However, families must remain patient, as negotiations are crucial in winning a fair settlement. Finally, if the sides cannot agree on a settlement, the case needs to go to trial, which prolongs the process further.
The Complexity of Nursing Home Cases
Personal injury cases vary in complexity, which significantly impacts the timeline. For example, a nursing home abuse case can involve multiple incidents of abuse, severe injuries, or contain elements of neglect. These cases require an extensive investigation, talking to more witnesses, or consulting medical specialists who will testify about the extent of the injuries.
Initial Consultation with an Attorney
During the initial case evaluation, your personal injury lawyer will meet with you to discuss the strengths and weaknesses of the case. They will listen to your concerns, ask questions about what happened, and review any available evidence, such as medical records or photographs.
If the lawyer determines the case has enough merit to proceed, they will suggest a way to take legal action, develop a strategy, and strengthen the case. The consultation can impact how quickly the case proceeds, so it helps to come prepared to ask questions and share details about the case.
Rosenfeld Injury Lawyers offers a free initial consultation to families whose loved ones suffered nursing home abuse or neglect.
Investigation and Evidence Gathering
The investigation process begins with gathering evidence related to nursing home neglect or abuse, which may include:
- Billing records
- Facility records
- Medical records
- Interviews with other residents, staff, and family members
- An in-depth interview with expert witnesses such as a legal nurse consultant or a physician
Your nursing home abuse attorney will gather evidence to show what happened and how it led to harm. This link is crucial to secure a settlement. This can take time for two reasons. The first is thoroughness, as the lawyer has to give the case a strong foundation, and the other is procedures — finding and obtaining documents, footage, and reports from facilities and institutions.
Filing the Nursing Home Lawsuit
A critical step in the nursing home lawsuit process is filing the lawsuit. It includes several steps:
- Preparation of the legal documents
- Filing with the court
- Notifying the defendant (the nursing home)
This process usually lasts several weeks and depends on how quickly the facility responds. Once the nursing home is served with the lawsuit, filing a formal response usually takes 20 to 30 days.
The Discovery Phase
Discovery begins after the initial pleadings are filed and the defendant (the nursing home) has responded to the lawsuit. It’s crucial in a nursing home lawsuit, where both parties exchange information to build their cases. This may include document requests, depositions, interrogatories, and records.
The discovery stage helps both sides prepare for trial and may reveal important evidence. However, it can also extend the lawsuit’s length, as gathering and reviewing documents, scheduling depositions, and responding to interrogatories can be time-consuming.
Depositions and Interrogatories
Depositions are sworn statements from witnesses, such as nursing home staff and experts. This requires scheduling and coordination from all parties involved, as both sides have the opportunity to ask questions.
Interrogatories consist of written questions that one party sends to the other. Like depositions, they require thoughtful responses, time for preparation, and reviewing information.
Mediation and Settlement Negotiations
Mediation and settlement discussions can resolve nursing home lawsuits without going to trial. During this process, both parties try to reach a settlement agreement.
Most cases are resolved in this stage, especially if the plaintiff has an experienced attorney. This can shorten the process by months.
In some cases, the parties do not reach a satisfying agreement, and the case goes to trial, substantially prolonging the process.
Preparing for Trial
In cases not settled during negotiations, law firms start preparing for trial. When a nursing home abuse lawsuit reaches this stage, the lawyer will:
- Prepare witnesses to testify
- File court motions to clarify legal issues
- Gather expert testimonies
- Go to a pre-trial conference
The preparation phase can take several months, depending on the case’s complexity, the availability of information, and court schedules.
Witness and Expert Testimony
Expert testimony and witness preparation are vital in the trial process, providing critical insights and credibility. For example, a medical professional may need to explain instances of medical negligence in the case or the consequences it had on the resident.
The Trial Process
Trials can take weeks to months, contributing to the overall timeframe. They consist of the following elements:
- Jury selection
- Opening statements
- Presentation of evidence
- Closing arguments
- Verdict
Presentation of Evidence
Proving nursing home negligence can be complex, and how it’s presented can also play a significant role in convincing the judge or the jury. It takes more time to present extensive medical records, expert witness conclusions, incident reports and examine or cross-examine the witnesses.
Post-Trial Motions
After the trial, parties may file post-trial motions, such as appeals or requests for a new trial, which can significantly extend the timeline. Post-trial motions include legal arguments challenging the verdict or seeking reconsideration, requiring additional hearings, legal briefs, and further court decisions before final resolution. These motions can further extend the duration of the lawsuit.
Appeals Process
Appeals are relatively common in nursing home abuse cases. This can happen if one party is dissatisfied with the outcome, whether they lost the case or believe their compensation isn’t fair.
If they appeal the court’s decision, the case moves to an appellate court, where it will be evaluated for legal errors. This may add months or even years to the lawsuit timeline.
Factors That Can Affect the Length of a Nursing Home Lawsuit
The main factors influencing the length of a nursing home lawsuit involve the case’s complexity, the amount of evidence, the need for expert testimony, and the length of the negotiations.
Case Complexity and Type of Injury
The case’s complexity and the injury’s nature significantly impact the timeline. Cases in which the nursing home resident suffered severe injuries require extensive medical evaluation and expert testimony.
If the case involves the wrongful death of the resident, it may need to include a probate court, adding weeks or months to the case. Complex cases also involve disputes over the facts or cases with multiple defendants.
Negotiations with Insurance Companies
Negotiations with the nursing home’s insurance company can either speed up or slow down the process, depending on how willing the parties are to settle. Settlement discussions will take less time if all participants are willing to cooperate.
Delays from the Court System
Many courts have a high caseload, which may lead to delays in hearing new cases or processing existing ones. When the court is overwhelmed, scheduling hearings, motions, and trials can take longer, which can also make your nursing home lawsuit take longer.
Scheduling conflicts can also occur between lawyers, witnesses, experts, and both parties involved. They are another common reason for moving court dates and prolonging the lawsuit.
The Role of Witnesses
Witness availability is another crucial factor in lawsuit duration. Residents, staff, or other witnesses’ schedules may not align, creating scheduling conflicts and prolonging the process.
What to Expect During a Nursing Home Lawsuit
Plaintiffs in elder abuse cases should prepare for a long process and consult their attorney for a rough estimate of the timeline. Although each case is different, the legal process consists of the same stages:
- Initial consultations
- Filing the lawsuit
- Discovery stage
- Mediation and settlement negotiations
- Trial preparation (if negotiations fail)
- Trial
- Post-trial motions
Each stage takes time, often more than anticipated, but preparing a solid basis for the case and being meticulous helps the outcome, even if it lengthens the timeline.
How Long Do Most Nursing Home Lawsuits Take?
Nursing home lawsuits can take several months to a few years to resolve, depending on the complexity of the case, court schedules, witness availability, and the willingness of both parties to settle. The time the injured party needs to recover to calculate damages, such as medical bills and physical therapy, may also be included.
Nursing Home Settlements vs. Trial: Time Comparison
If the parties negotiate a settlement agreement, the case can be over within several months. In contrast, trials take much longer, as trial preparations, the trial itself, and post-trial motions and appeals tend to extend the timeline further.
How to Speed Up a Nursing Home Lawsuit
To speed up the lawsuit process, you can collect the evidence and documentation early and come to a consultation well-prepared. In addition to that, you can choose an experienced lawyer specializing in nursing home abuse or neglect cases, as they can speed up settlement negotiations and develop efficient legal strategies.
Importance of Having an Experienced Nursing Home Lawyer
A lawyer experienced with nursing home abuse and neglect will navigate the process more efficiently. They understand all legal complexities and regulations surrounding nursing homes, which lets them build a strong case more quickly.
They will also be immune to insurance company tactics, knowing how to handle lowball offers, denial, delays, and attempts at minimizing damages. Finally, their familiarity with the process helps prevent missteps that could cause delays, such as missing deadlines or mismanaging court procedures.
Common Pitfalls That Can Delay a Nursing Home Lawsuit
There are common mistakes that cause delays in nursing home neglect or abuse lawsuits, including:
- Incomplete documentation
- Failure to respond to court deadlines
- Lack of timely communication
- Inaccurate legal filings or forms
The Bottom Line
Nursing home lawsuits are complex, and pursuing justice and fair compensation takes time. The timeline will vary depending on the case’s complexity, the availability of information and witnesses, and the willingness of both parties to settle.
One way to speed up the process is to contact an experienced nursing home abuse lawyer. At Rosenfeld Injury Lawyers, we offer free consultations to discuss your rights and legal options. Call (888) 424-5757 or fill out our contact form to book a free consultation with a Chicago nursing home abuse attorney.