How Long Does a Nursing Home Abuse Claim Take?

It is a very sad but true fact that nursing home neglect and abuse is very common in Tampa, and throughout Florida. If your loved one has been hurt while in a long-term care facility, you may be able to file a claim for compensation. Unfortunately, while legal action can help you recover your family member’s losses such as medical expenses, the process is not a quick one.

State law gives you two years from the date of injury to file a claim against a staff member or nursing home. However, this only stipulates how long you have to file a claim. The amount of time your claim will take depends on several factors. Below, our Tampa nursing home abuse attorney explains further.

Length of Negotiations 

It is important to speak to a Tampa nursing home abuse attorney as soon as you suspect abuse. A lawyer can recommend whether you should file a lawsuit and help you navigate the process. A lawyer will also contact the insurance company representing the nursing home on your behalf and start negotiations. The negotiation period can take many months, or a settlement may be reached very quickly. Much of this will depend on the amount of proof you have, and whether the insurer is going to act in good faith. If a settlement agreement is not reached during negotiations, the process can take much longer.

Discovery 

If your case has to go through litigation, or to trial, the process will take longer. One of the first steps in litigation is the discovery process. During this phase, each side can ask the other for information. This gives each side a chance to see the arguments and evidence that will be used against them. Your attorney will use the information obtained during discovery to build the strongest case that will give you the best chance of obtaining the compensation you deserve. The discovery process can take many months, or even longer, but settlement negotiations can continue during the process.

If a Trial is Necessary 

If settlement negotiations are not successful, you may have to go through a trial, which can take much longer. Firstly, court hearings necessary in a trial are subject to the schedule of the court. The Florida courts are notoriously backlogged, and the pandemic only made matters worse. Your lawyer may also have to obtain witness testimony and collect additional evidence to help your case. All of these factors can result in a nursing home abuse trial taking one year or longer.

Our Nursing Home Abuse Attorney in Tampa Can Help You Obtain Compensation Quickly 

After learning that your loved one has suffered abuse or neglect, it is natural to want compensation as quickly as possible. At Kohn Law, our Tampa nursing home abuse attorney has the necessary experience with negotiations to obtain a fair offer quickly and will advise when a trial is absolutely necessary. Call us now at 813-428-8504 or contact us online to schedule a free consultation and to obtain the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html