How Long Does It Take To Settle a Nursing Home Injury Claim?

Experienced Attorney

If you or someone you love was involved in a nursing home injury, you probably are looking into getting compensation for the injury. If you are like most people, you probably have a lot of questions about the process you are about to begin. Remember, you should hire an attorney immediately to get answers to these questions and to begin the process right. A big question many people have is how long they should expect the lawsuit to take. This guide is all about this question.

Length of the Lawsuit

Personal injury lawsuits involving a nursing home are usually not any longer or shorter than other personal injury suits. However, you should know that all types of lawsuits usually take a very long time to resolve. Television and movies portray court cases as being quick things that only take a few weeks, but this is completely fictitious. In reality, the average length of a lawsuit is about 18 to 24 months. Sometimes they can resolve faster, especially if the other side decides to settle quickly, but you should not file a lawsuit expecting it to last any less than two years. Your attorney can give you an estimate for your case, given its unique details.

Process of the Lawsuit

Why does a nursing home injury case have to take so long? There are many lengthy processes that need to happen. The lawsuit process will look like this:

• First the attorney must investigate the case and gather as much information as possible to determine how strong the case is. This can take weeks or months.
• If things look good, the attorney will send out a Notice of Claim, which informs the defendants of the lawsuit. The defendant usually has 60 days to compensate the victim.
• If the defendant chooses not to provide compensation, the attorney will file the lawsuit. This only takes a few days.
• A lengthy period of discovery takes place. Both sides can prepare their cases in preparation for the trial. Discovery can take months or even more than a full year.
• Finally the trial begins. Both sides present their cases before a judge. The trial can also take several months to conclude.

Keep in mind that it is possible for the defendant to settle at any point during this process, but you cannot count on it to happen. Settlements are most commonly reached at some point during the trial, once the defendant’s lawyer no longer believes the case can be won. Your nursing home abuse lawyer in Phoenix, AZ can tell you more.

Thanks to Rispoli Law, PLLC for their insight into nursing home claims and how long a settlement can take.