4 Factors That Can Affect the Timeline of a Nursing Home Injury Lawsuit

Nursing Home Abuse Lawyer

When your loved one is injured while living at a nursing home, the aftermath can be devastating. Whether he or she suffered abuse or neglect, some injuries can be permanent, while others can seriously affect quality of life. Filing a lawsuit may help you gain some financial compensation; however, there are a few factors that can affect how quickly the case is resolved.

1.Claim Investigation 

When you first present your nursing home injury case to an attorney, he or she will likely review the details to gauge whether it is viable. This may include examining the nature of the injury, how it occurred and under what circumstances. Your attorney may also examine the nursing home’s reputation and rating. Depending on the complexity of the claim, it could take several months to complete this stage of the lawsuit.

2. Gathering Evidence 

Because the burden of proof is often on the plaintiff in almost any court case, your attorney will probably spend a significant amount of time gathering evidence to prove either negligence or abuse on behalf of the nursing home staff. He or she may speak to witnesses, review medical reports, and investigate whether there have been any other recorded incidents of injury at the facility. Compiling an in-depth report may take anywhere from three to six months or more.

3. Identifying Defendants 

If your attorney finds that negligence or abuse was responsible for your loved one’s injury, he or she will then likely send out what is known as a Notice of Claim to those allegedly responsible. This letter typically notifies those involved that you plan to file a lawsuit and name them responsible. This notice is usually sent out three to four months before you file so the recipients have time to respond.

4. The Complexity of the Trial 

Once your attorney files a lawsuit and the trial begins, it may take months or even over a year to resolve your case, depending on its complexity. For example, if your loved one’s injury occurred as the result of an improperly placed feeding tube, nursing home standards for your state and requirements for this type of care may vary from others, which may make the lawsuit more complex than one where physical signs of abuse can be proven with photos and witness accounts.

If you believe your loved one’s injury was caused by abuse or neglect at his or her nursing home, it can be important to understand what might affect how quickly a lawsuit might be settled. Contact a lawyer, like a nursing home abuse lawyer in Longwood, FL from David & Philpot, P.L., today to schedule an initial consultation.

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