How Long Does a Nursing Home Abuse Lawsuit Take?
According to the World Health Organization (WHO), one in six older adults experience some type of abuse while staying in a nursing home facility. In the same report, the WHO also found that two out of three workers in nursing homes and long-term care facilities admitted to abusing patients within the past few years. These alarming statistics show that elders make up one of the most vulnerable sectors of our society.
If you have a loved one in a nursing home and they have been a victim of abuse or neglect, you can file a claim for compensation. Unfortunately, claiming the full damages you deserve is not easy, and the process is not always a quick one. Below, our Tampa nursing home abuse attorney outlines how long a lawsuit may take.
How Long Will a Nursing Home Abuse Lawsuit Take?
It can take some time to resolve a nursing home abuse lawsuit. In many cases, it takes one year or more to obtain the compensation your family needs. In other cases, a settlement is reached much more quickly, sometimes in just a matter of months. The length of a nursing home abuse lawsuit will depend on many factors including the severity of injuries, the cooperativeness of the insurance company, and whether your case goes to trial.
The Extent and Nature of Injuries
The more serious your loved one’s injuries are, the longer the case will take. This is due to the fact that your family member must reach maximum medical improvement (MMI). This means their injuries will not get any worse, but they will also not get any better. Reaching MMI is an important step, as only then will you understand how much the injuries will cost to treat now, and in the future.
Additionally, because severe injuries are more costly to treat, the insurance company will be even more resistant to offering a fair settlement and paying full damages. If the insurer denies or delays coverage, it can result in additional legal actions and protracted negotiations.
Trial
If your case goes to trial, the process is much longer. Trial includes a number of different steps that settlement negotiations do not, such as discovery. The timeline is also affected by the availability of witnesses and other factors, which can also add time to the process. Still, while going to trial takes longer, it is sometimes necessary to ensure that your loved one’s rights are protected.
Call Our Nursing Home Abuse Attorney in Tampa Today
While the length of your case will vary, it is critical that you file your claim within two years of discovering the abuse or neglect. If you do not file within this time, your loved one will lose the legal right to claim any compensation. At Kohn Law, our Tampa nursing home abuse attorney can help you file your claim quickly and guide you through the process so your family obtains a full and fair settlement. Call us now at 813-428-8504 or contact us online to schedule a consultation and to get the legal help you need.
Source:
who.int/news-room/fact-sheets/detail/abuse-of-older-people
