Considering a DC Settlement for Nursing Home Abuse Cases

Anyone who has been abused in the nursing home has the right to be compensated for their injuries. That compensation can be provided voluntarily through a settlement at any point, either pre-suit or during the course of litigation. A skilled DC lawyer can clarify settlement considerations in DC nursing home abuse cases.

If a settlement is not reached, the next available step for a nursing home abuse victim is to file a lawsuit with an experienced nursing home abuse attorney in Superior Court at for the District of Columbia. At that point, the case will enter litigation and be placed on a scheduling order with a trial as the endpoint for that particular case.

Weighing the Option to Settle

The case should likely proceed to trial if the person making a settlement offer has significantly undervalued the case or is not crediting a certain portion of viable treatment or injuries sustained.

If there is no offer of settlement made, the only other option is for the matter to proceed to trial. If there is a question as to how the incident occurred or to the cause of the injuries sustained, there will likely be a nominal settlement offer, if any. The only way to pursue the claim is to take the matter to trial.

There are many different factors that go into considering a DC settlement for nursing home abuse cases. These factors range from the strength of liability, the likelihood of success should the matter go to trial, the damages incurred to date and, any offer made by the party’s insurance company. All three of these issues should be considered equally for the injured person to make a decision regarding settlement or a trial.

Determining the Value of a Claim

Settlement values of a claim vary significantly based upon thousands of factors that go into each individual claim. These factors range from the nature and extent of the injuries sustained, the people involved, the available insurance policy limits, any issues as to liability, as well as future care or a future life care plan. If the injury is significant, the injured person will work with their attorney to work up these issues and allow both the attorney and injured person to come to a reasonable expectation or evaluation of the claim.

Information to Bring to an Initial Consultation

Anyone going to meet with an attorney for an initial consultation should bring any and all information that pertains to the incident that occurred, the nursing home involved, and any relevant medical documentation for the injured person.

This will allow the attorney to get a full understanding of what has occurred before considering a DC settlement for nursing home abuse cases. The attorney can then conduct a preliminary investigation as to who may be responsible for the incident.

The decision lies with the client or injured person as to whether a case settles or proceeds to trial. It is the attorney’s job to provide the information necessary so that the client can make a well-informed and educated decision.

How a Lawyer can Help

When a person retains an attorney, they can draw upon the attorney’s knowledge, training, and experience in handling similar types of matters in a jurisdiction where the action is pending. The attorney will be able to advise the injured person as to the strengths and weaknesses of that particular case, help the injured person understand this information, and utilize this information in deciding whether the case should be settled or progress to trial.

The attorney can advise the injured person as to what damages are available, which may include some damages the injured person may not have considered earlier. They may also discuss what damages are not available, such as punitive damages.

The important part of considering a DC settlement for nursing home abuse cases for an injured person to take into account the likelihood of success should the matter progress to trial. They should also consider damages available to the injured person, the cost necessary to take the matter to trial, as well as any other factors unique to that particular claim.

DC Nursing Home Abuse Settlements