When we try to hold people responsible in court, we, unfortunately, task ourselves with seeing a lengthy courtroom process through to the end. And while settlements could offer an expedited route to closure, they sometimes present a less-than-fair outcome for compensation. However, that does not mean that either of these routes are inherently negative. Deciding upon settling a Chattanooga nursing home abuse case versus going to trial could be done with the help of an experienced attorney.
Legal professionals familiar with settlements and trials for nursing home abuse cases could help you better understand your claim and the more favorable options that might be available to you.
Legal Options for Victims of Nursing Home Abuse
The primary way for a person to redress injuries from nursing home abuse or neglect is to file a lawsuit. However, there are alternative routes for compensation. Before filing, a victim or the family of a victim could send a notice of a claim to a nursing home and may be able to negotiate a settlement without having to file a lawsuit, but the lawsuit is the main avenue for handling a dispute with a nursing home.
What to Bring to an Initial Consultation with Chattanooga Nursing Home Abuse Lawyers
For an initial consultation with an attorney, the more information people have about the treatment victims received in a nursing home, the date they were admitted, and the types of medical problems the patient had when they entered, the better. They also should take with them everything they know about the treatment at the home, and how and when the injury occurred, as much information as they can put together.
Who Decides to Settle or Go to Trial
Once a settlement has been offered by the nursing home, the claim holder must decide whether to accept it. However, deciding these matters is not something to be taken on a whim. Consulting a Chattanooga nursing home abuse attorney first could be a good idea. The attorney could explain the benefits and risks of settlements and trials, and could help victims understand all of the details of a settlement offer.
Conditions and Considerations for When a Person May Consider Settling
A person could consider settling a Chattanooga nursing home abuse case when the defendant offers a fair settlement amount. Determining a fair settlement amount depends on:
- The strength of the proof that the nursing home did something wrong and caused the injury
- How severe the injury was
- How much the patient is able to understand
- How much the injury affected their quality of life
While each case is unique, contacting a Chattanooga nursing home abuse attorney familiar with case settlements could still help victims determine a favorable route.
In determining whether to accept a settlement offer, victims should consider what is most likely to happen at trial and how the likely outcome of trial compares with the settlement offer. They should also take into account the expenses incurred between the time the settlement offer is made and the time the case would get to trial because the farther they go into litigation and the time they spend at trial, the more expensive a case becomes. Those expenses come out of the client’s share.
Because of the financial commitment sometimes required, victims should consider how much personal value there is for them in putting the case behind them and achieving closure. Some clients want their day in court, others are afraid to speak in front of a jury or judge. The idea of sitting in a trial for days on end could be an unpleasant prospect for some people. While these conditions may seem arduous, an attorney familiar with settlements in Chattanooga could help victims decide which option might result in a more favorable outcome.
How a Chattanooga Nursing Home Abuse Lawyer Could Help with Settlements or Trials
Prior to trial, A nursing home abuse lawyer could access information about other trials that have occurred in the same nursing home, could inform victims what juries are likely to do in different cases, and give different scenarios and possibilities based on the facts of a specific claim. Because of the resources available to most attorneys, deciding when to settle and when to go to trial could be made easier. People need to consider these factors, especially when deciding on settling.
The settlement value of a claim depends on how easily the abuse could be substantiated, how egregious the nursing home’s conduct was, and how bad the injuries were and their effect on victims’ lives. All of that should be considered when determining a settlement’s value. An attorney could help others understand how strong their case is, how strong their proof is, how egregious the nursing home’s conduct was, and help them understand the medicine involved and the patient’s experience of the injuries.
Contact a Personal Representative Today
When you decide to hold wrongdoers accountable for their actions, the time, effort, and personal heartache involved in doing so is often overwhelming. While we feel a need to help our loved ones who have been abused by nursing homes, a trial could bring with it lengthy litigations. Even settling outside of court may not provide our loved ones with the compensation they need. Because of this, settling a Chattanooga nursing home abuse case versus going to trial presents difficult choices for claim holders. Instead, put your worry aside and contact an experienced representative who could help you receive a favorable settlement or pursue litigation as needed. Reach out today.
