What is the Process for Filing a Nursing Home Abuse Lawsuit?

If you or a loved one were injured or killed by nursing home abuse, neglect, or misconduct, you may be considering filing a personal injury lawsuit against the nursing home to recover damages related to your injuries. If so, the Oakland, CA nursing home abuse attorneys at Venardi Zurada can help.

One of the questions we’re often asked is: how long do nursing home abuse lawsuits take to settle? That depends on a variety of factors. Instead of giving you an average number, it helps to understand the litigation process and how it works. In this article, we’ll discuss the process of filing a lawsuit against a nursing home and how it works.

Initial case evaluation 

The first step in a nursing home lawsuit is the case evaluation. This is likely the first time you’re meeting with your personal injury attorney. It generally begins with a free initial consultation. You will discuss your situation with an attorney. During this meeting, you’ll provide details concerning the alleged abuse or neglect, and the attorney will determine how strong your case is.

Investigation and evidence gathering 

If your attorney decides you have a strong enough case, they will begin a thorough investigation to try and prove the abuse or neglect. This phase involves:

• Collecting medical records
• Interviewing witnesses
• Gathering documentation
• Consulting with medical experts

How long this phase takes depends on the complexity of your case and the cooperation of the defendants.

Filing suit against the nursing home 

Once the investigation is complete, your legal team will file a lawsuit against the defendant nursing home. This involves submitting a letter of intent notifying the defendant of your intent to sue. The nursing home has a specific amount of time to respond. It typically does this by denying any and all allegations made against it and presenting its own version of events.

Discovery phase 

Out of all the steps in the legal process of filing a lawsuit against a nursing home, the discovery phase is likely to take the longest. During this period, both sides exchange information and evidence related to their cases. This includes:

• Depositions (formal interviews under oath)
• Written questions (interrogatories)
• Document requests

Depending on the case’s complexity and the volume of evidence involved, the discovery phase can take several months to perhaps over a year.

Settlement negotiations 

If your case is strong enough, the nursing home may be willing to settle rather than go to trial. Your attorney will send a demand letter outlining the evidence in your case and the requested compensation. Attorneys for the nursing home will typically respond with a (much lower) counteroffer, leading to a back-and-forth negotiation. If the nursing home makes a fair offer, you can accept it and move on with your life.

Mediation

 If the settlement process doesn’t result in a settlement, then you advance to mediation. A neutral third party will help facilitate negotiations between you and the defendant.

Trial 

If the two sides still can’t come together, then the case will proceed to trial. Trials can last anywhere from several days to several weeks, depending on the complexity of your case.

Talk to an Oakland, CA Nursing Home Abuse and Neglect Lawyer 

Venardi Zurada represents the interests of plaintiffs filing claims against nursing homes. We serve the Bay Area from our office locations in Oakland and Walnut Creek. Call our Oakland personal injury attorneys today to learn more about how we can help.