DC Nursing Home Abuse Pre-Trial Considerations

When filing a nursing home abuse claim, there are many considerations to keep in mind. Trials are nuanced and can involve a lot of research and a lot of paperwork. An experienced attorney that could help guide you through the trial process, and explain how DC nursing home abuse pretrial considerations could potentially impact your case.

Process of a Nursing Home Abuse

The first step in a lawsuit is that a person and their attorney file an answer or they file the lawsuit. Then, they have to serve the fact process of service which is actually served in the nursing home with the papers. Then, the nursing home will have to file a document called an answer where they respond to the allegations and the complaint. Once they answer the allegations and the complaint, they then prepare discovery which is a series of interrogatories and document requests.

Nursing home abuse lawyers have to respond to the documents and prepare discovery requests of their own. The first thing that happens in court is a court order is issued called an initial scheduling conference. The lawyers will go and set dates for depositions. The depositions will then take place and then the case proceeds to a pretrial conference. Once the pretrial conference takes place, a trial date is set. The parties will then go to a court-ordered mediation where they will attempt to settle the case. If the case does not settle, the case will proceed to trial.

 

How Often is an Abused Individual Able to Bring the Claim Themselves?

One of the DC nursing home abuse pretrial considerations to keep in mind is whether someone will be able to bring their own nursing home abuse claim. Whether or not the abused individual has the capacity to bring the case themselves depends on the circumstances of the case. Sometimes a person is well enough to bring the case on their own, other times they are either too sick or physically incapable to bring the case. In these situations, it is the loved ones and family members of the abused individual who bring the case.

 

Information and Evidence Collected During a Pretrial Period

The most important pretrial evidence in a nursing home abuse case is often the deposition. Medical records, party statements, and pictures are important to gather before a person files a claim. During the case, an individual could get an official set of medical records and also get expert information. One of the DC nursing home abuse pretrial considerations to take into account is the necessity of getting an expert report, especially since the experts will be disclosed. Typically, people depose the parties who they think are responsible. This is why the deposition itself is what helps prove liability in any given claim.

Benefits and Issues of a Short Pretrial Period

Timing is one of the DC nursing home abuse pretrial considerations individuals should keep in mind, as it can greatly affect the outcome of a case. The shorter the pretrial period, the more one wants to be prepared before the case starts. This means that they want to be in a position where they can basically be ready to try the case as soon as it starts.

As soon as they file a lawsuit, they want to be in a position where their experts are lined up, they have all the medical, records, they have all the medical bills, they have all the medical liens and they know what they are going to prove before the litigation starts. Typically, during the course of litigation, things only get more complicated.

The issue with long pretrial periods is that sick or otherwise incapacitated individuals are more likely to pass away during which can complicate a case.

Actions to Avoid Leading Up to a Trial

Before a trial, people should not post anything about the case on social media or do any independent research. The lawyer will provide experts and the person should trust in their lawyer to provide what is necessary to have a successful case.

The responsibility of the person involved in the case is just to relay what they saw, what they heard, and what they did. The more involved they are with trying to prove the case, the less sympathetic they might appear to a jury, which is one of the most important DC nursing home abuse pretrial considerations to keep in mind. The biggest thing someone can do prior to trial is to meet with their lawyer and prepare. It is crucial that the lawyer and the victim are on the same page in terms of possible evaluations as well as preparation for moving the case forward.