Yes, you can often settle a nursing home abuse case out of court. In many situations, nursing homes and their insurance providers prefer to avoid trial. It helps them reduce litigation costs, protect their privacy, and limit harm to their reputation.
Most settlements are beneficial to both parties. If your loved one is a victim of nursing home abuse, an elder law attorney may be able to negotiate a settlement that allows you to achieve maximum compensation without the time and stress of a courtroom trial.
Our team has recovered millions of dollars in awards and settlements for Georgia nursing home abuse victims and their families. Call for your free consultation and learn how our Atlanta nursing home abuse lawyers can help. Nursing home abuse and neglect law is all we do.
Why Are Nursing Home Abuse Cases Settled Out of Court?
A fair settlement that completely addresses your damages allows you to avoid the stress of a civil trial. It works in favor of the nursing home in many cases as well. Some of the reasons nursing home settlements happen often include:
Time and Money
How long it takes a nursing home lawsuit to go to trial is often measured in months or years. Civil trials can be expensive and emotionally draining for families. It is in the interest of both sides to settle quickly and out of court if possible.
Confidentiality
Nursing homes and their insurance providers frequently prefer settlements because they can include confidentiality clauses. This allows them to avoid negative publicity that could come from a public trial.
Predictable Outcomes
Rather than risking a jury verdict that could result in significantly more serious damages, nursing homes and their insurers often prefer to negotiate a fixed settlement amount. Settlements provide certainty.
Insurance Company Involvement
Most nursing homes carry liability insurance, and insurance companies typically look for ways to mitigate losses. They may control the defense strategy and may encourage settlement if liability appears strong.
How Do Out-of-Court Settlements Work?
A settlement is a legally binding agreement between the plaintiff and the defendant. In the case of a nursing home abuse lawsuit, this means the victim or their family and the nursing home. It starts with your attorneys gathering evidence to determine liability and assess your damages.
Your legal team then sends a formal demand letter that outlines the claim and requests compensation. Both parties exchange offers and counteroffers during the negotiation process. If both parties reach an agreement, it is solidified in a written settlement contract.
Our firm works on a contingency fee arrangement, which allows you to retain our services without needing to pay upfront. Once you receive your settlement, we take our fee as a prearranged percentage. If we don’t win, you don’t owe our fee.
What Are the Downsides of Settling Out of Court?
While taking a settlement for your nursing home abuse case comes with several benefits, there may also be negative consequences in certain situations. For one, insurance companies may push lowball settlement offers that don’t fully cover the damages you are entitled to.
That’s why it’s so important to work with an attorney who will represent your interests, make sure you are treated fairly by insurers, and prevent you from making common errors that could decrease your compensation. Some additional negatives to taking a settlement may include:
- Settlements may result in lower payouts than what a jury might award in a successful trial.
- Settling out of court means there is no public verdict holding the nursing home accountable for its actions. However, there may still be a record of the violations with the Georgia Department of Community Health.
- Once a settlement is signed, it is typically final, and you lose the right to pursue further legal action.
When Should You Go to Trial Instead of Settling?
Your attorney will offer the strongest guidance on whether or not you should settle your case out of court. Situations where they may recommend proceeding to a civil trial can include:
- When liability is strongly disputed
- If the nursing home refuses to offer a fair settlement
- If injuries are severe or result in wrongful death
- When questions exist about evidence or credibility
While trials are typically more time-consuming and complicated than settlements, they give you an opportunity for a full examination of the facts and, in some cases, may result in a better outcome.
Get Help With Your Nursing Home Abuse Case
You can often settle a nursing home abuse case out of court. Many times, homes and their insurance providers are happy to do so. It saves them time and money, and lets them address their legal responsibilities in a more controlled manner.
It is beneficial for you and your family in most cases as well, but not always. A knowledgeable elder law attorney can explain how long it takes a nursing home case to settle and help you understand if taking a settlement is the right choice or if it is better to go to trial.
Schenk Nursing Home Abuse Law is here to help your family get the peace and resolution you deserve when your loved one has suffered abuse or neglect. Call today for your free consultation and tell us what happened.
