Overview of Nursing Home Abuse Lawsuits

Senior WalkingDenver, CO- People do their best to choose the best a safest Colorado nursing home for their loved ones. Oftentimes those efforts pay off and elderly loved ones are placed in a home where they are safe from harm, but there are times, when due to negligence or abuse, elder residents of nursing homes are harmed or die.

Once a person suspects their loved one has been abused or neglected they must inform the authorities. When a person wants to seek compensation for the injuries they have suffered or for the untimely death of a loved one, they need the assistance of a Denver nursing home abuse attorney to help guide them through the process.

A large number of nursing home abuse and neglect claims are settled through negotiations between the victim, their attorney and the nursing home or long-term care facility. These negotiations take place before the parties go to court and can often result in satisfactory settlements.

But if the initial offer a victim or their family receives is not acceptable, it may time to file an injury or wrongful death claim.

With the help of a Denver nursing home abuse attorney, the victim can determine if they should explore alternatives to a formal lawsuit such as arbitration or mediation. These two alternatives can be less costly than a court case and typically result in fair settlements, but both parties must agree on these alternatives.

Mediation is a process in which a mediator meets with both parties to help them resolve their disagreements and decide on what would be a fair settlement.

Arbitration is more formal, where an arbiter acts like a judge and will decide on a case after hearing evidence. Arbiters are allowed to award settlement amounts and their decisions are binding. Many people unknowingly sign arbitration agreements when they enter a nursing home and may have no other choice to settle their elder abuse or neglect claim.

If the victim cannot come to an agreement with the parties responsible for their harm then it may be time to file a nursing home abuse or neglect lawsuit. If a lawsuit is order, the victim can take their case to civil court which could increase their chances of having a successful injury claim.

A civil court case is more time consuming and costly, but they often result in significantly larger settlements. Nursing home abuse cases that land in civil court, first starts with a formal filing which is then followed by the “discovery phase.”

The discovery phase allows a Denver nursing home abuse attorney to make a formal request and see the evidence the other party will present in court. The discovery phase can take a great deal of time as the attorney works on ways to rebuff the evidence the opposing party plans to present.

Once the discovery phase is complete, it will be time for the victim and their attorney to head to trial where either a judge or a jury will determine the amount of compensation a nursing home abuse or neglect victim will receive for their injuries and pain and suffering.