Statue of lady justice with scales and a sword behind a gavel in a courtroom

If your Texas elder abuse claim necessitates a lawsuit, the litigation process could be time-consuming. In some cases, it might take up to two years for the trial day to arrive. Between dealing with court delays and negotiating discovery issues, these cases can take a long time.

The good news is that this is not true for all elder abuse lawsuits. Many of these claims settle in short order. If you develop a strong case for negligence and demonstrate evidence of nursing home abuse, you might be able to resolve it quickly. An experienced elder abuse lawyer from Crowe Arnold & Majors, LLP could help speed up the process of resolving your claim.

Factors that can delay an elder abuse lawsuit

Several factors can cause an elder abuse lawsuit to last longer than is necessary:

  • Inaction. One of the most avoidable causes of delay in an elder abuse lawsuit is inaction. Defendants in these cases are happy to drag out a case for as long as they can. It is the job of the personal injury attorney to keep the case from stalling. The failure to push the case forward can dramatically lengthen the time it takes to complete a lawsuit.
  • Expert issues. Many elder abuse claims require expert testimony. Lining up this testimony and obtaining their report can take time. An essential benefit of working with legal counsel– experienced in these cases– is that they have ongoing relationships with the necessary experts.
  • Discovery. Every lawsuit goes through the discovery phase. It requires both sides to provide each other with the evidence they intend to rely on at trial. The more complex the case, the longer discovery can take.

Negotiating a settlement

While settlement is not always possible, the steps your Dallas nursing home lawyer takes towards resolving your claim can have a dramatic impact on your chances of success.

Aggressively building the strongest case possible—as if it were to go to trial can help your chances of obtaining a settlement. When the at-fault party and their insurance company recognize that your legal team has built a strong case and are prepared to go to trial– they are more likely to make a realistic settlement offer.

Often, elder abuse lawsuits are resolved through mediation. Mediation is a non-binding process where a neutral third party sits down with both sides to bring them to an agreement. A mediator is present to build consensus for a settlement. They do not make a judgment on the case or take sides. This process is frequently helpful in bringing a lawsuit to a close.

Contact our team of Dallas elder abuse lawyers for a free consultation

If you pursue an elder abuse lawsuit, there is always the possibility that it could last for a substantial amount of time. Months or even years could go by before you can resolve your claim. The good news is that there are steps you can take to avoid unnecessary delays. With the right legal team by your side, your case could be resolved in short order. Contact us at Crowe Arnold & Majors, LLP to learn more.