Three Ways Your Nursing Home Abuse/Neglect Case May Be Resolved
Under the Florida Statutes, victims of nursing home abuse have the right to file a lawsuit against the facility or its staff members. Nursing home abuse is a violation of residents’ rights and so, individuals can file a lawsuit to recover damages for medical expenses, pain and suffering, and more. The law also allows loved ones to file a lawsuit on behalf of a nursing home resident. It is impossible to say how any lawsuit will resolve, but there are three possibilities that could happen, which are outlined below.
A Lawsuit Dismissal
There are a number of reasons a lawsuit may be dismissed. The plaintiff, or the person filing the lawsuit, may find there is no longer a practical reason to pursue the claim. Or, if the statute of limitations has expired, a judge may dismiss the lawsuit. The statute of limitations, or time limit, on nursing home abuse claims is two years from the date of neglect or abuse. A judge may also find that the case does not have enough merit and dismiss the case for that reason.
Most nursing home abuse cases are settled out of court. A settlement occurs when the plaintiff and the defendant, the person the lawsuit is being filed against, negotiate on an amount they believe is fair to fully cover the damages. Typically, these negotiations occur between the attorneys of both the defendants and plaintiffs. Successful settlements have many benefits. They are cheaper than litigating the case in court, they are not as emotionally draining particularly for plaintiffs, and it can help the defendant preserve their reputation.
While settlements have many benefits, no one should ever accept one without first speaking to a nursing home abuse lawyer. Nursing homes and their insurance companies will use many tactics to deny, delay, and reduce claims so they can retain more of their own profits. A lawyer can advise on whether a settlement offer is fair and negotiate for a settlement that will fully cover the costs of the abuse or neglect.
There are times when the insurance company will refuse to make a fair settlement offer. When this is the case, the only option may be to take the case to trial. A trial may take place in front of a judge or jury, who will then make the final decision on the case, including how much in damages the plaintiff may receive. It is impossible to determine the outcome of any trial involving nursing home abuse, so it is important to work with a personal injury lawyer that can prove your case in court.
Our Florida Nursing Home Abuse Lawyers Can Advise on Your Case
If you or someone you love has been the victim of nursing home abuse, our Tampa nursing home abuse lawyers are here to help. At Kohn Law, our skilled attorney can advise on your case and give you the best chance of recovering the damages you and your family deserves. Call us today at 813-428-8504 or fill out our online form to schedule a free consultation.