Nursing Home Neglect: Should You Settle or Go to Trial?

December 5, 2022by LegalASAP

No family wants to see their elderly loved ones neglected or abused while the perpetrators get away scot-free. However, when dealing with nursing home abuse, knowing whether to settle or go to trial can become a dilemma. Which is the best route to pursue? This post will examine both options and which one is better for a given situation, and how a nursing home neglect attorney will maximize your chances of success in any of the legal options you choose.

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Settlement versus court trial 

You assume your elderly loved one is receiving quality care in their nursing home. It’s unfortunate, but nursing home neglect is more common than many people realize. More than two million cases of elder abuse are reported every year.

If your loved ones suffered nursing home neglect—physical, emotional or financial—you may get confused with the legal routes. If this is the case, we’ve got you covered.

A settlement is a good faith agreement achieved after extensive outside-of-court negotiations between plaintiffs (victims of abuse and their family members) and the defendants (the nursing facility, its staff, and/or administrators). The defendant agrees to pay suitable compensation to the victim for the harm done, which includes medical bills, lost wages, punitive damages for pain and suffering, psychological counseling, and other expenses.

A trial is a formal opportunity to present the facts of your case before the jury. Depending on the facts of your case, a trial may involve more risks for you than settling a case. It’s usually expensive to take your case to trial, and the litigation process is usually long.

Meanwhile, settlements can be faster, more efficient, and less expensive. Besides, you maintain privacy, reduce stress from a potential trial, and save additional legal costs. So, the question remains: Which is the better option, settlement, or trial? Scroll down to understand the specifications of each process.

When to settle versus going to trial

If you’re satisfied the nursing home (and legal team) is offering fair compensation, and you’re able to recover the costs, you may consider accepting the settlement and closing the case. You may also agree with the settlement if you feel there’s a high risk of losing a trial and receiving no compensation. 

Alternatively, you may prefer  a court trial if you feel you aren’t being offered  fair compensation by the nursing home authorities, and the damages suffered by the patient are especially severe. But you’ve to be prepared for either winning a higher settlement amount or nothing at all. While there’s a chance of a better outcome, don’t neglect the risks involved.

Why hire a nursing home neglect lawyer?

The decision to pursue a lawsuit against nursing home neglect can be difficult and confusing. With an expert nursing home neglect attorney, you can make prudent decisions about whether to settle or take your case to trial. They’ll walk you through all the available legal options and help you decide which one is best for your given situation.

An expert nursing home neglect lawyer can also determine the true nature and exact amount of your family member’s damages, maximize any compensation  you deserve, and help guide you through each step of the legal process, however complex.

LegalASAP can connect you with a team of nursing home neglect lawyers who can help you decide whether a settlement or trial is the best option for your specific needs. If you choose a settlement, those lawyers can fight negligent nursing homes  for you, ensuring your loved ones get a fair settlement covering medical bills, lost wages, pain, suffering, and more. If going to court is the right choice for your case, then rest assured  you’re in excellent hands. 

Because of their thorough knowledge of the nursing home industry, experienced lawyers can anticipate and guide you through any challenges with your case. Most importantly, they’ll work hard to bring you and your family justice. Contact LegalASAP today for a free evaluation of your case.

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