If, for example, you file a lawsuit against a nursing home for fall injuries, it may take only a few months for your lawyer to settle a nursing home lawsuit, or it can take several years. On average, nursing home cases can take anywhere from 18 to 24 months, or longer, from the initial consultation to disbursement. Generally speaking, cases that settle outside court are resolved faster. An experienced nursing home abuse lawyer can provide a more accurate estimate after reviewing the details of your case.

The good news is that you do not have to take on this challenging case alone. With the guidance of a seasoned personal injury attorney from Crowe Arnold & Majors, LLP, you could avoid delays and pursue justice for your family members, including recovering compensation for damages and losses.

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The Process of a Nursing Home Lawsuit

Nursing homes and their insurance carriers will actively work to delay the case. They understand that every day that passes– is a day that they have not had to pay out on a claim. Moreover, a delay could lead to the loss of evidence or even the passing of essential witnesses. Avoiding delay is one of the most important roles of a Dallas nursing home abuse lawyer. We can use the court rules to push a case forward, even when the nursing home is dragging its feet.

Every case is different, but here’s what to expect when filing a nursing home lawsuit:

  1. Initial Case Review: After you contact a lawyer, they review your case to assess its validity and whether they are a good match to represent you and your family’s interests.
  2. Notice of Claim (NOC): After a lawyer agrees to represent you, they file a Notice of Claim to the potential defendants. This document informs the nursing home or other defendants that you intend to sue them for neglect or abuse. They could settle your nursing home neglect lawsuit privately at this point.
  3. Filing the Complaint: Your attorney might then file an official complaint or lawsuit outlining your case’s facts and the compensation you seek.
  4. Investigation: To build your case, your lawyer gathers evidence, including medical records, witness statements, facility records, billing records, and records from our clients. This process is time-consuming. While the records are collected, the attorney finds an initial consulting expert to examine the case.
  5. Discovery: During discovery, each side may request documents and involve interrogatories (written questions) between both sides. Each party can also take depositions when they question each other and any witnesses under oath. The parties can also get depositions of all experts designated by the other side.
  1. Mediation and Settlement Negotiations: Many nursing home lawsuits are settled through mediation or settlement negotiations, often less expensive than a trial and take less time than going to court.
  2. Trial: If mediation or settlement negotiations are unsuccessful, your lawyer will take your case to trial, which can take a few weeks or many months.

Potential Outcomes From a Nursing Home Lawsuit

In Texas, there are tort-reform laws and other regulations along with a strict statute of limitations that prevent many nursing home abuse victims or their estates and loved ones from filing viable personal injury claims. We are experienced in handling the convoluted legal system surrounding Texas nursing home litigation. 

If the court rules in your favor or you settle out of court, here are some potential outcomes.

  • Compensation for damages: You could get compensation for medical bills and other damages such as pain and suffering, loss of enjoyment of life, and transfer costs.
  • Changes in policies or personnel: A successful lawsuit can lead to changes within the facility. For example, they may need to revise their policies or terminate staff responsible for neglect or abuse.
  • Justice served: By holding a negligent nursing home accountable for their actions, you can get justice for your family and your loved one. You can also potentially prevent a similar incident from happening to others.

Schedule a Free Consultation

With assistance from the experienced legal team at Crowe Arnold & Majors, LLP, you may be able to negotiate an optimal settlement deal before trial. If matters come to a head, our aggressive trial lawyers will fight hard to preserve your right to full and fair compensation in and out of the courtroom. Schedule a free consultation today to learn more about our firm and the legal services we provide. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.