If someone you love was injured or even killed as a result of nursing home abuse or neglect, you should contact an experienced nursing home negligence attorney as quickly as possible to discuss your options.
At Robenalt Law, our experienced Ohio nursing home neglect lawyers will review the facts and circumstances of your case, provide advice on whether you have a claim against the nursing home, its staff, or its employees, and fight for your family’s right to compensation. We have the experience, resources, and expertise to evaluate your case and seek justice for you and your family.
Nursing Home Settlements Avoid the Stress and Uncertainty of Trial
Nationally, almost 95% of nursing home abuse or neglect cases end in a settlement. A nursing home settlement is an agreement between the victim or her representative and the nursing home, its staff, and employees. The victim agrees to accept an amount of money to pay for the cost of past and future medical treatment, pain and suffering, and emotional distress. Both parties avoid the uncertainty and stress of lengthy litigation and a trial.
A nursing home settlement can come about before or after a lawsuit is filed. When the case is settled, there will be no lawsuit and, if a lawsuit was filed, it will be dismissed.
A Settlement Brings Compensation Quickly
By settling a nursing home abuse or neglect lawsuit, the victim and her family receive payment quickly. Each side maintains control over the outcome of the case, rather than having it decided by a judge or jury. Unlike a jury verdict, where either side can appeal if they are unhappy with the jury’s decision, when you settle a nursing home case, there is no risk that the decision will be appealed.
Avoid the Stress and Uncertainty of Trial
Settling a nursing home case is often the more practical option when a victim of nursing home abuse or neglect is seeking financial compensation. A nursing home settlement gives the victim and their family more flexibility about the final outcome of the case, eliminates the stress of a trial, and can save money on case expenses.
Victims of nursing home neglect or abuse often decide to settle their case because there is no way to know what kind of verdict a jury will return. While a jury could return a verdict that is higher than the proposed settlement, a jury could also return a verdict that is significantly lower than the proposed settlement value. By agreeing to settle your nursing home case, you know how much your family will receive, and when you will receive it.
Closure for the Victim and Their Family
Settling a nursing home abuse lawsuit will never take away the pain and suffering of knowing that your loved one was mistreated. But a nursing home settlement brings a sense of closure for the victim and her family, and the feeling that justice has been done.
The process begins with your initial consultation. Your lawyer will ask questions to learn about the facts and circumstances of the abuse or neglect. The lawyer will investigate your case by requesting and reviewing the nursing home chart, the victim’s medical records, witness statements, photographs, videos, and other pertinent information.
Usually, a lawyer will try to negotiate a fair settlement before filing a lawsuit. But this is not always possible. If the nursing home is unwilling to make a fair settlement offer, your lawyer will file a lawsuit against the nursing home and anyone else who might be responsible for the victim’s injuries or wrongful death.
As the lawsuit progresses, the lawyers will exchange information about the evidence they intend to present. There will also be on-going discussion about the possibility of a settlement. A nursing home negligence case may be settled through mediation when the lawyers work with a judge or a private mediator to try to bring the case to a resolution. Other times the lawyers are able to negotiate a settlement without the assistance of a third party.
Once the nursing home settlement is finalized, your lawyer will deduct attorney’s fees and case expenses, pay any outstanding liens, and issue the victim a settlement check.
Contact a Lawyer If You Suspect Nursing Home Abuse or Neglect
The signs of nursing home abuse or neglect can be subtle. But if you suspect a loved one was injured or killed because of nursing home abuse or neglect, you should contact a lawyer immediately.
Nursing home abuse or neglect often involves a pattern of conduct that occurs over a period of weeks, months, or even years. This can make it difficult to determine exactly when the wrongful conduct occurred.
Most nursing home negligence cases in Ohio are subject to a 1-year statute of limitations. This means that you must file a lawsuit within one year after the abuse or neglect, otherwise, your claim is barred. Investigating, litigating, and ultimately settling a nursing home negligence case is a complex process that can take a year or more. Because you and your family have such a short window to file a claim for compensation, it is wise to involve a lawyer as early as possible.
Tom Robenalt started his litigation career representing nursing homes at a large firm in Cleveland. For the past 25 years, he has used that experience to help victims and the families of those injured by negligent health care providers.
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If someone you love was injured or even killed as a result of nursing home abuse or neglect, you should contact an experienced nursing home negligence attorney as quickly as possible to discuss your options. At Robenalt Law, our experienced Ohio nurs… Read More