Like other types of injury cases, many cases involving nursing home abuse or negligence are settled without need for a judge, mediator, or trial by jury. Of course, there is a variety of benefits of settling without actual litigation, as well as a number of justifiable reasons to intend to settle a case rather than take it to court. These reasons include:
- Closure/timeliness – Some plaintiffs and their families hope to reach a resolution in a timely manner and move on rather than engage in the litigation process over an extended period of time.
- Cost-efficiency – Taking the case to trial can be very costly, even if your attorney is not paid unless you win, and a settlement generally means reduced costs and a larger share of the settlement for the plaintiff.
- Certainty – The certainty of a settlement is often preferred over the possibility of a jury reaching an inaccurate conclusion based on misunderstandings or misinterpretations.
- Privacy – While jury trials are part of the public record, many families wish to keep their cases private, which can be done with settlements.
The assistance of an experienced personal attorney is essential to accurately estimate the potential value of your case, as these cases and their potential outcomes depend on a wide range of factors. These include:
- age – While it may not be fair, nursing home abuse cases involving younger plaintiffs tend to result in higher settlements than those involving older plaintiffs.
- Patient’s health – Nursing home abuse cases involving healthier plaintiffs tend to be more valuable than those involving plaintiffs who are less healthy and/or have pre-existing conditions.
- Patterns of care – Nursing homes which have patterns of abuse or neglect may be more inclined to settle an abuse case than facilities without reports of such problems.
- Insurance companies – Some nursing homes’ insurance companies are more willing to settle abuse cases than others.
- Jurisdiction – Jurors tend to more aggressively value cases in large metro areas, such as Chicago, which can result in higher average settlements.
- Family involvement – A nursing home which has been accused of abusing or neglecting your loved one may look at the extent of your family’s communication and involvement with him/her during their time in the facility to try to judge your sincerity as opposed to financial motivation.
While nursing home abuse is a widespread problem, settlements for these cases are increasingly common, and if your loved one has been a victim of a nursing home’s negligence, you need an experienced personal injury attorney to hold the nursing home accountable and ensure full compensation for the injuries and losses, including medical expenses and pain and suffering.
If your loved one has been a victim of abuse or neglect in a nursing home, contact Agruss Law Firm, LLC for a free consultation. We are a personal injury law firm representing individuals (and their families) who have suffered an injury. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Agruss Law Firm, LLC is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.