Houston, TX- Given their age and weakened health, it isn’t uncommon for residents of Houston nursing homes to suffer an injury. Sometimes those injuries aren’t suspect, but there are numerous instances where nursing home abuse and/or neglect is the cause of an elderly person’s injuries. When that is the case, the victim and their loved ones may want to seek compensation from the facility that allowed their loved one to be harmed, but they must

If you don’t have the desire to put your loved one or your family through a court trial which is time consuming and costly, you have the option of settling your case out of court, but there are some things you should know

Firstly, the process of obtaining compensation for nursing home or neglect requires you file a claim with a facility. USAttorneys we recommend you contact Marian Rosen, a Houston lawyer who specializes in elder abuse cases, to outline the process and help you determine how to pursue your case so that you and your loved ones get the compensation you deserve.

If you plan to file a personal injury or wrongful death claim in Texas, it is important to note that you have two years from the date of the injury to file a claim for compensation. This is called the statute of limitations. 

Once you file your claim, you then have to wait for the facility, representatives from their insurance company and their attorneys to respond to your claim. Their response may also be accompanied by an offer for a settlement. Or, may not; there is no guarantee. If you get no initial offer, a court case may be the next step, but it isn’t always.

If you receive a settlement offer, don’t be so quick to seize on it, talk the offer over with your attorney to determine if it’s fair. The way an insurance company determines what they offer you is a secret the insurance industry guards very closely. They will look at the victim’s medical expenses and other costs related to the victim’s injuries to come up with their offer, but what they offer you may not be the amount you need and deserve. This is why you need an attorney on your side, advocating for your rights.

Some people have this mistaken notion that the first settlement offer they receive will adequately reflect their medical expenses and emotional distress. That is not always the case and victims need someone skilled in the art of negotiations to secure the settlement amount they deserve. It can take two or three times for both parties to agree on the final settlement amount, so these negotiations are critical.

You can depend on lawyer Marian Rosen, serving nursing home residents in Houston, to be devoted to your case and work on your case as long as it take for you to get the justice you deserve. Contact her office today and set up a time to talk about your case.