How do nursing home neglect attorneys go about proving their cases in court?
This overview explains how a nursing home neglect attorney can prove your case in a lawsuit, how settlements work, and how you can help gather medical records and other evidence.
If an attorney has agreed to represent you and take your nursing home abuse case on a contingency basis, he or she expects that your case is strong. This does not mean you are guaranteed to win. It means that the information you have provided and the knowledge that they have of the nursing home industry, and perhaps your specific nursing home, allows them to feel confident that there’s a very strong likelihood of winning.
You will need to provide as much information and documentation as possible. Everything you collected as evidence of abuse or neglect will be needed.
During the discovery phase of the lawsuit, your nursing home abuse lawyer and legal team will comb through years of medical documents, perhaps as far as 10 years back. Depositions will be taken from all necessary individuals.
Nursing home abuse attorneys weigh many variables and possibilities with one another, attempting to form the solid base of indisputable proof needed to force a positive reaction from opposing legal teams.
When the opposing team offers an out-of-court settlement, it means that you have driven them to it. They don’t want to go to trial because they are afraid they will not fare well there. In other words, they are agreeing that abuse or neglect occurred and that the nursing home is liable.
By settling out of court, you save time you’d spend waiting to go to trial. The settlement may be less (or more) than you’d get in court, but you’ll get it now.
You definitely want a nursing home abuse attorney that will do a thorough job during discovery, and expose truths that the nursing home’s lawyers don’t want to have to defend against in court. If they do not offer a settlement, or if you do not accept their offer, your case will go to trial, and all of the evidence will be presented in front of a judge and jury.
Be sure you have legal representation experienced in nursing home abuse and neglect in your state.