Virginia Nursing Home Abuse Settlements 

Virginia nursing home abuse settlements can be difficult without legal guidance. There are many legal options available to a person or a loved one injured in a nursing home. The key is that they should talk to an experienced nursing home abuse attorney right away to seek compensation for their injuries.

Initial Consultation

When a person is going to their initial consultation with a nursing home abuse lawyer, they should take any and all information they have relating to the alleged abuse. This could include information on medical bills, photographs, witness statements, and anything else an attorney may find helpful in trying to determine liability in the case that can further their own investigation.

Who Decides Settlement or Trial

This is a common misconception, but the decision about whether to settle the case or go to trial is always the individual’s decision. An attorney works with a person who has legal rights. It is the individual’s decision whether to continue with the trial. Virginia nursing home abuse settlements depend on a person.

There is a variety of reasons a person can settle their case including the expense of a trial, the time involved, and the fact that a trial takes longer to obtain relief. Trials are uncertain. There is no guarantee on the result of a trial. Just because someone believes have a solid case, that does not mean a judge or jury will agree.  However, when a person believes the settlement offer is not fair or there is no settlement offer, a person may be forced to take their case to trial.

Accepting a Settlement Offer

When determining whether to accept a settlement offer, the person should consider all of the factors: the immediacy, the fairness of the offer, their attorney’s advice, the advice of friends and loved ones, and their own personal decisions about the case. They should also take into consideration that a trial is an emotional and lengthy process. The person could experience some personal attacks on the veracity of their claims by defense attorneys. A person may want to consider these issues when deciding whether a trial is appropriate for them.

Expediting the Process

A nursing home abuse attorney can help expedite the settlement process. An attorney consults with a person, evaluates the strengths of the weaknesses of the case, and determines how to prepare the case. When an attorney is well-prepared to understand reasonable offers, and considers the options with a person, they stand a better chance of resolving the case in the best interest of an individual.

The length of time a settlement negotiation takes in a Virginia nursing home abuse case is determined by the complexity of the case, the strength of the liability question, the type of damages, and how easily they are calculated. Other determining factors are the particular entities defending the case such as the law firms and insurance carriers. These dynamics affect the amount of time it can take to resolve the case.

Complications that can prolong the process are liability, identification of witnesses, calculation of damages, and insurance coverage issues. Nursing homes may have multiple layers of insurance coverage and nursing homes may be owned and operated by different entities and have different varieties for policies. The coverage issues that apply can also be a complication in settlements for a nursing home abuse case.

Contacting an Attorney

A person should communicate with their attorney who can help the person understand the issues. They can coordinate with their attorney on issues that can lengthen the case to understand the appropriate next steps and ensure their case is not drawn out for years.