What should I expect if I pursue a lawsuit against the nursing home?

A claim against a nursing home will be resolved through litigation in court or settlement outside of court. You may be pressured to settle for less than what your case is worth, so understanding your rights is essential.

A case may be settled if the nursing home and/or its insurance company accepts responsibility for neglect and makes an offer to pay a reasonable sum of money.

Settlement agreements are final, so do not sign an agreement unless the full extent of the injuries is known, and an attorney has reviewed the agreement to ensure it sufficiently protects your rights.

If no agreement is reached, or if the nursing home does not accept fault, the case will proceed to court. The court process includes:

• Filing a claim
• The defendant answering the charges of neglect or abuse
• Pre-trial hearings in which the judge rules on relevant motions, such as a motion by the nursing home to dismiss the case or a motion to grant a subpoena to secure necessary information or access to witnesses
• Discovery in which information is exchanged and witnesses interviewed
• Trial in which you must prove by a preponderance of the evidence that the nursing home is liable for neglect or abuse and resulting injuries
• Appeal if you or the defendant believes errors were made in the original case
• Compensation, if awarded by a jury.

Please see our sections on Settlements and Verdicts to get a better understanding of the process that is involved with each.