How Long Will It Take to Resolve My Nursing Home Abuse Claim?

Nursing Home Abuse Claim

If your loved one was abused by nursing home staff, it’s only natural to want justice—and fast. As is the nature of most legal proceedings, though, tort claims are inherently complex and can therefore take a while to resolve.

Should you be wondering how long it will take to resolve your nursing home abuse case, a personal injury attorney can help. While a reputable professional will never make promises they can’t keep—like guaranteeing a payout by a certain date—they can evaluate the situation from all angles to determine the most likely trajectory of your claim.

Let’s take a look at some of the biggest factors that will inevitably influence the duration of the proceedings:

1. The Extent of the Abuse

Generally speaking, more complex cases take longer to resolve, and those involving more severe abuse tend to be more complex. If the neglect or abuse was ongoing, for example, or was being carried out by multiple parties, it will probably be more challenging to get down to the bottom of things than if the incident in question was a one-time occurrence. This, in turn, will extend the time it takes to resolve everything.

2. The Severity of the Damages

Much like the circumstances surrounding the neglect or abuse, the extent of the resulting damages are going to influence the amount of time it takes to resolve your claim. This is especially true regarding the severity of any injuries or illnesses your loved one suffered because of the mistreatment they received.

The only way to be certain of the extent of the damages—and, consequently, the value of your claim—is to wait for the victim to reach maximum medical improvement (MMI). If you were to accept a settlement prior to your loved one’s reaching MMI, you could potentially be leaving money on the table.

3. The Strength of the Evidence

The more compelling the evidence is, the more inclined the insurance adjuster will be to negotiate. Put another way, if the proof you present isn’t very convincing or won’t hold up in court, the opposing party won’t have any incentive to negotiate because they won’t fear a trial.

Should this end up being the case, you may have no choice but to file a formal lawsuit, and if that happens, it’s going to extend the duration of the proceedings considerably. Once your claim goes to court, the kinds of factors that will influence the time it takes to be resolved include the jurisdiction’s case load and each party’s willingness to cooperate.

Discuss Your Claim with a Nursing Home Abuse Attorney in Florida

For help with every aspect of your family’s nursing home abuse claim, turn to Emerson Straw. Our tenacious team has secured numerous six- and seven-figure payouts on behalf of our valued clients. Call (727) 821-1500 or complete our Contact Form to schedule a free initial consultation with a nursing home abuse lawyer in Florida.