If you’re filing a personal injury lawsuit against a nursing home, it makes sense to want to have your settlement as soon as possible. Unfortunately, you may not necessarily receive a settlement right away. Most clients have to wait a period of weeks to months to receive any sort of compensation. Here is what you need to know about the different obstacles that are in your way of a fast settlement, as a nursing home lawyer like from Brown Kiely, LLP, can explain.
The Case Evaluation
Before you can even discuss the settlement, you need to have your case evaluated. Your best option is to discuss your nursing home case with a lawyer. He or she will ask for documentation that can serve as evidence in your case. With a look at the evidence, he or she can determine the strength of your case and decide whether to help you fight for compensation.
The Negotiation Stage
Most cases settle due to negotiation. The time that it takes to negotiate a settlement depends on the case. It also depends on the nursing home’s insurance company. Most insurance companies will try to settle for the least possible amount. With a lawyer, you can discuss what settlements are too small and which would be acceptable. You want to settle for a fair amount. The insurance company may provide you with a settlement offer and it is up to you to review the offer and decide whether you want to accept it. If you choose not to accept it, you can send a counter-offer. You could go back and forth over weeks and months or you might be quick with it. When you can’t come up with a decision, you can also set up a mediation to try to work it out with an unbiased mediator.
The Potential Trial
Sometimes, mediation and negotiations do not work. If you cannot agree, then you must go forward with the trial. The trial involves you and the defendant showing up in court to argue your case in front of the judge and a jury of your peers. Some trials only take a few days, whereas other trials may take weeks. This depends on how complex your case is. Once the jury hears all of the evidence, it is up to them to make a decision.
Even after you settle, you may not receive the financial recovery right away. For most people, they receive their settlement within 30 to 90 days of the initial settlement decision. If you need to file a personal injury lawsuit against a facility, consult with a nursing home lawyer today.