Personal injury cases involving nursing home abuse are some of the most legally complex and emotionally charged claims. If your family member has suffered harm due to negligent or abusive nursing home staff members or administrators, you likely have many questions. If you intend to file a claim against the facility to help your loved one obtain financial compensation for their injuries and other losses, it is natural to wonder how long the case will take. After all, your loved one is currently suffering and has probably incurred a number of bills and costs related to their injuries. They need compensation as quickly as possible.
No one can determine how long a nursing home abuse claim will take without first fully examining the facts of the case. However, there are some guidelines you can follow to determine when you might obtain the compensation your family needs. Below, one of our Chicago nursing home abuse attorneys outlines what these are.
Preparing the Case
Before you file your claim, your lawyer will have to first conduct a full investigation in order to build the strongest case possible. There are many tasks involved in this stage, including:
- Review investigative reports: Your lawyer will consult with the Illinois Department of Public Health to obtain and review any investigative reports regarding the facility and any past reports about alleged neglect and abuse.
- Review medical records: Your lawyer will also obtain and review nursing logs, medical charts, and other forms of documentation to identify signs of neglect or abuse.
- Interview witnesses: Other residents, staff members, and family members may all be able to testify about the facility’s conditions and any instances of neglect or abuse they witnessed.
Depending on the complexity of the case and how quickly documents and other evidence can be collected, this stage usually takes between three and six months.
Filing the Complaint
After the necessary evidence is collected, your Chicago nursing home abuse lawyer will file a formal complaint against the nursing home facility or the staff members within it. The formal complaint will outline the allegations, the amount of financial compensation you are pursuing, and the arguments that support the claim. It usually only takes a few weeks to prepare and file the complaint. However, this may take longer if your lawyer must address jurisdictional or procedural challenges.
Discovery
The discovery phase often takes the longest in nursing home abuse cases. It is during this phase that both sides exchange evidence and information with each other. The purpose of discovery is to ensure that both sides are on equal footing and to give each side an opportunity to view the evidence and arguments against them. Discovery takes many forms, including:
- Interrogatories: These are written questions sent to the other side. The other side will then answer the questions in writing, as well.
- Document requests: Your lawyer may request a number of documents from the nursing home such as inspection reports and employee training manuals.
- Depositions: Depositions include sworn statements from the accused parties, such as nursing home staff members, medical experts, and witnesses. While depositions do not take place in a courtroom, testimony is taken under oath and so, being dishonest can result in a charge of perjury.
Depending on the complexity of the case and the volume of evidence, the discovery phase can take between 6 and 12 months. If the nursing home facility refuses to disclose certain documents, your lawyer may have to file a motion to compel, which can add to the time of discovery.
Negotiations
The vast majority of nursing home abuse cases do not go to trial. Instead, they are resolved during settlement negotiations. After the discovery phase, both sides will have a better understanding of the evidence against them and the damages that are being sought. As such, each side can negotiate more effectively. Typically, the insurance company or attorney representing the nursing home will make the initial offer. Unfortunately, the first offer is usually not enough to fully cover the cost of your loved one’s injuries and other losses. As such, your lawyer will then use evidence as leverage and make a counteroffer for fair compensation.
The negotiation phase continues until both sides feel that a fair offer has been reached. The length of the negotiation phase depends largely on the willingness of each party to reach an agreement. When both sides are willing to negotiate fairly, this phase can take anywhere between one and three months.
The Trial Phase
Again, trials are only necessary in the minority of nursing home abuse cases. Still, sometimes it is necessary to go to trial to uphold your loved one’s rights and ensure they receive the full and fair compensation they deserve. Before a trial even begins your lawyer will prepare witnesses, file motions, and finalize evidence.
During the trial, the lawyers for each side will prepare opening arguments outlining their case and the evidence they intend to present. The lawyers will also call witnesses to testify and will cross-examine witnesses called by the other side. Once all evidence has been presented and all arguments have been made, the lawyers for each side will then make closing arguments, summarizing their case. If you have not yet worked with an attorney before this point, it is critical that you speak with one before going to trial.
Nursing home abuse cases that go to trial take the longest. The trial phase can add an additional six to twelve months to the timeline of a case, including court scheduling and preparation delays.
Call Our Nursing Home Abuse Lawyer in Chicago Today
Sometimes, delays in nursing home abuse claims are unavoidable but there are times when these obstacles can be overcome. At Kennedy Watkins, LLC, our Chicago nursing home abuse lawyer can help your case proceed as quickly as possible, while still ensuring your loved one’s rights are upheld, so your family obtains the full and fair damages you deserve. Call us today at (312) 448-8181 or contact us online to schedule a free consultation and to get the legal help you need.