If your elderly loved one was abused by nursing home staff, you’ll undoubtedly want to hold the facility accountable. That doesn’t necessarily mean, however, that you’re ready and able to take on the nursing home or their insurance company, or file a lawsuit if they are unwilling to cooperate.
Thankfully, most nursing home abuse actions don’t go all the way to trial. When plaintiffs have reasonable demands and present sufficient evidence to support their claims, they can usually secure satisfactory settlements.
Since a small percentage of cases do end up going to court, though, there’s always the chance that yours will be one of them. If the opposing party is unreasonable during the negotiations—or disputes liability altogether—your family may have no choice but to file a formal lawsuit.
Because legal proceedings are inherently complex—and every case is unique—there’s no way to predict with 100 percent certainty which claims will be settled and which will end up in court; however, a seasoned nursing home abuse attorney can discuss the most likely outcome to your case after evaluating the circumstances.
As for determining whether your claim has a high probability of going to trial, a knowledgeable lawyer will review a number of factors. Such factors include:
1. The Strength of the Evidence You Can Present
Generally speaking, the stronger the evidence is, the more inclined the opposing party will be to settle. If, on the other hand, the facility’s administrators don’t think you can prove that abuse actually occurred, they probably won’t feel the need to negotiate for a payout. Should this be the case, taking them to court may be the only way to pursue the compensation your family deserves.
2. The Total Damages You End up Seeking
It’s not uncommon for the largest personal injury payouts to be ordered by a judge. When there’s a lot at stake for both parties, coming to an agreement during the negotiations can be especially challenging, if not impossible. In other words, the more damages you end up seeking, the greater the chance your claim will end up in court.
3. The Liable Party’s Willingness to Cooperate
Sometimes, nursing home administrators are simply unwilling to acknowledge their staff’s wrongdoings. When this ends up being the case, negotiations are entirely unproductive, and claimants are forced to take legal action against the facility.
If you’ve had any correspondence with the liable party, bring it to the initial consultation for your attorney to evaluate. He or she should be able to give you some idea of what to expect moving forward based on how the facility has been handling the situation.
Discuss Your Claim with a Nursing Home Abuse Lawyer in New York
The tireless team at Leitner Varughese has recovered more than $100 million for victims of nursing home negligence and medical malpractice. Representing clients throughout New York state, including those on Long Island and in New York City, we’re committed to holding negligent facilities and providers liable for their wrongdoings. Call 855-585-2969 or complete our Contact Form to set up a free initial consultation with a nursing home abuse attorney in New York.