During a nursing home abuse lawsuit, what happens first is an investigation into the claim that you’ve filed. From there, your Atlanta nursing home abuse lawyer will help you collect relevant evidence and file a legal complaint.
Your attorney will also exchange information with the other party through a process called discovery. While the intended outcome is to agree on a settlement amount, your lawyer might have to take your case to trial if an agreement cannot be established.
The First Step Toward Legal Action After Nursing Home Abuse is Suspected
Most nursing home abuse lawsuits arise as a result of families trusting their gut and relying on an instinctual feeling that something is wrong. Loved ones might notice subtle changes, like these:
- Unexplained bruises
- Sudden weight loss
- Worsening bedsores
- Withdrawn behavior
In the state of Georgia, care facilities, assisted living facilities, and nursing homes alike all have a legal duty to provide residents with a reasonable standard of care. When harm takes place as a result of that duty being violated, these circumstances can give rise to a legal claim.
As a result, the first step you should take if you want to file a lawsuit is to schedule a consultation with an attorney. When you meet with your lawyer, you will have the chance to explain what you’ve seen, what you’ve been told, and what you’re skeptical about.
From there, your lawyer will ask targeted questions and identify if negligence has occurred. If enough proof exists in support of your claim, your attorney will proceed with your case while keeping you updated every step of the way.
The Process of Thoroughly Investigating What Really Happened
Once a case is accepted, the investigation begins. This is a very important phase of a nursing home abuse lawsuit because it builds the foundation for everything that follows. Attorneys will collect medical records, review incident reports, and inspect care plans.
They will often request staffing logs and other internal documentation from the facility as well. In many cases, lawyers will ask medical professionals to give their input on the circumstances to see if, in their opinion, the nursing home met acceptable standards.
What to Expect When Making it Official and Filing the Lawsuit
After the investigation phase, your attorney will file a formal complaint in court as long as there is sufficient evidence to back your claims. This document outlines what happened, who is responsible, and what damages are being sought.
Your lawyer will make sure your claim is filed in accordance with the state of Georgia’s statute of limitations. Once the lawsuit is filed, the nursing home or care facility will be formally notified of your claims. They will typically respond by denying liability, which is standard in these cases.
Try not to worry. Their actions don’t mean your claim lacks validity. It simply means the legal process is moving forward, and at this point, things should start to feel more structured. There are deadlines, procedures, and a clear path ahead, all of which your lawyer will handle.
What Is the Discovery Phase of a Nursing Home Abuse Lawsuit?
Discovery is a process where both sides of the claim exchange evidence and share information. This can include written questions and requests for documents. Depositions are also possible, and this is where witnesses are often questioned under oath.
For the families of those who’ve been abused or neglected, this is often the moment when more answers are revealed. You’ll likely learn who was responsible for your loved one’s care, whether proper protocols were followed, and what the facility knew about the risks involved.
In some cases, internal communications or staffing records can reveal instances in which the facility was actively cutting corners. This phase can take time, but it’s worth the wait. It allows your attorney to strengthen your case and anticipate the arguments the defense might raise.
Negotiating and Agreeing on a Settlement vs. Going to Trial
Many nursing home abuse lawsuits are resolved via settlements rather than having to go to trial. After discovery is complete, both sides of the claim typically have a clearer understanding of the case’s strengths and weaknesses.
This often leads to negotiations that are aimed at a resolution that involves a fair compensation offer. Your attorney will guide you through this process, help you evaluate the offers you receive, and decide if they reflect the full impact of what happened to your loved one.
Just know that you should never feel any pressure to settle. Now, if a settlement cannot be reached, your case might go to trial, at which point both sides will present their arguments in front of either a judge or the jury.
Contact Schenk Nursing Home Abuse Law to Understand What Happens During a Nursing Home Abuse Lawsuit
The only way to know with certainty what you can expect during a nursing home abuse lawsuit is to call Schenk Nursing Home Abuse Law as soon as possible. Our practice is focused entirely on nursing home and caregiver neglect cases.
As a result, every case we handle is met with a deep understanding of the issues involved. One of the biggest differences is accessibility. When you call, you won’t be routed through layers of staff members. Instead, you’ll speak directly with Attorney Rob Schenk.
Since 2022, our law firm has recovered millions in compensation for our clients. Even if your situation doesn’t turn into a lawsuit, we’ll make sure you still walk away with the guidance and the resources you need to proceed. The sooner you reach out to us, the sooner we can help.
