What is the Process of a Nursing Home Abuse Case?
Do You Plan On Suing a Nursing Home For Negligence in Los Angeles?
If you or a loved one has been a victim of nursing home abuse, then you should never tolerate it. Although the thought of pursuing a lawsuit is confusing and frustrating, it is important that you consult with a Los Angeles elderly abuse lawyer so they are able to handle it on your behalf. Not only will your attorney handle your case for you, but they will advise you and give you updates throughout the entire process. It is important that our clients are aware of what is going on within their case, so they can trust that as their legal representation, we will never keep them out of the loop.
Keep in mind that lawsuits are a lengthy process. In fact, nursing home cases can last from 18 to 24 months–sometimes even longer. Although it is a long period of time, it is important to know that lawsuits take preparation, hard work, dedication, and time to complete. It is not something that is settled within a few weeks or months–especially in a nursing home abuse case.
Initial Case Assessment
When it comes to nursing home abuse cases, the process begins with an initial case assessment. There are two main parts within this process, which are the initial consultation and the investigations process of the claim. The initial consultation is the process of interviewing the potential client over the phone or in person to collect information about what exactly happened, such as the injuries sustained and any other relevant details. An attorney will evaluate the information that was provided and will either accept or decline the case, depending on the circumstances.
A client meeting will be scheduled once we have accepted the case and the client has agreed to possible representation. Once the client agrees to hire us as their attorneys, we will be able to meet and discuss every aspect of the case, in addition to a representation agreement and discuss the process in detail so the client has a better understanding.
Once we have been engaged in the case, we will then start a more in-depth investigation. This part of the process is very important, as it involves gathering evidence pertaining to the case. The evidence includes components such as medical records, facility records, billing records, witness statements, victim statements, etc. This process takes a lot of preparation, which is time-consuming. The attorney will then consult with an expert that will provide aid to the case, such as a doctor, legal nurse consultant, or a medical professional. The expert will examine the records relevant to the case to determine who is liable.
If the expert finds that the nursing home is not liable, then the attorney will make it known to the client and the case will close. The client will be able to either drop it completely or seek out others for legal representation.
Notice Of Claim
If the expert finds the nursing home to be liable, then this means that the attorney will be able to pursue a Notice of Claim (NOC) to the negligent parties. The NOC is a letter notifying the defendants of the injury and that a lawsuit will consequently be filed. Usually, an NOC must be sent to the defendant 60 days prior to the lawsuit being filed.
Once the NOC has been served, you will file a lawsuit with the court. Some cases require arbitration, which is different from the typical litigation process. However, if your case requires arbitration, your attorney will explain the process. Whether your case is filed in court or arbitration, this is where the lawsuit begins because it is when the defendant has been served.
Negotiations And Mediation
Many cases are settled through negotiations or mediation before having to go to trial. This often is a good option, as it offers the best possible results and saves time and the uncertainty of taking a case to trial. Settlement negotiations can take place any time from the date of the initial filing. Negotiations reduce expenses of trial exponentially and the amount is very similar to what it would be if the case went to trial. The plaintiff makes a demand for the desired amount, and the defendant either ignores or counters the demand. The plaintiff will then accept, reject, or counter that amount. This process can either be quick or it can last for weeks or months. If both parties agree on the amount, then the lawsuit will be finished. However, if both sides cannot come to an agreement, then the case will continue to proceed.
As for mediation, a mediator is brought in to help both parties resolve the case voluntarily. If the mediator is able to resolve the case, then they will draft a settlement agreement. However, if the mediator is not successful at doing so, then the lawsuit will go to trial.
If settlement negotiations and mediation are unsuccessful, then this means that the lawsuit will go to trial. This involves both parties, along with a judge and a jury. This can take a few days up to several weeks, which is completely dependent on the case, as they all vary. Once the jury has come to a conclusion, they will decide the verdict and a judgment will be made.
Contact an Elder Abuse Attorney Los Angeles
If you or a loved one was a victim of nursing home abuse, you will need legal help from a reputable attorney. Our team at Grey Law has years of experience in handling these types of cases and will work from start to finish to get you the settlement you deserve. Contact us any time for a free consultation with a Los Angeles personal injury attorney at Grey Law.
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