How Long do los angeles Nursing Home Injury Lawsuits Take to Settle or go to Trial?
- October 4, 2017
How long will it take Los Angeles Nursing Home injury lawsuits take to settle? It will take a period of eighteen months to two years. But it will also depend on the type of the case. If it is complicated, it will take a considerate time, while if it is not complicated the time required will be less.
The nature of the nursing home case is slow compared to other types of personal injury hearings. Before the start of the case, a lot of investigations are conducted to establish what happened in the hospital and the condition of the patient’s injuries.
Meaning that all the records from the medical facility and the nursing home ought to be reviewed evaluated and organized so as tell the quality of the health care that was provided to the patient. In most events, the nursing home cases are attributed to the errors of the staff and in other situations failure by the nurses to follow care plans which are entitled to all patients.
All the cases do differ, but they all have to take some time. Note, at any particular time, you are dealing with an injury or medical issues; it will always be complicated to file the case in a lawsuit. However, Los Angeles nursing home negligence may be settled in a few months without going to the trial. On matters where the issue has severe losses, or medical expenses will take some years.
Whenever a lawsuit is filed, the nursing home staffs, the defendants, and any other liable individual ought to be served. Immediately after the defendants are served, they are required by the law to provide answers to the lawsuit within thirty days. The answers provided acts as the defenses to the allegations.
Once the answers have been given, all parties involved enter a “discovery” period which lasts for six months. During this period the parties request for written statements of the case and also exchange documents amongst themselves. It is during this time that both defendant and plaintiff bring witnesses, nursing home staffs, and the experts. Any evidence material is essential as it will help on the ruling.
It is also allowed for the parties to hire expert witnesses. The entire process cost thousands of dollars and takes time. At this stage, the parties may start discussing settlements and take a more extended period to reach an agreement.
Unlike other cases, the nursing home case is more complicated and will call for extended discovery period which may last from seven months to twelve months. At times the court may order the parties to mediate the dispute. During the mediation period, the plaintiff and the defendant are required to look for a neutral mediator who will attempt to solve the issue. The mediation has a casual atmosphere compared to that of the courtroom.
During mediation, many cases are disputed. In the event the mediation process is unsuccessful, the matter is taken back to the court for the resolution. At this point, the defendant may attempt to dismiss the case before it gets to the trial. This period may take six to seven months. The period is known as “dispositive motions.”
Immediately after the dispositive motions and discovery period is over, the case is then fixed on the trial calendar. Based on the number of cases on the judge’s docket and the judge’s trial term calendar, may end up affecting the nursing home trial and even last for a couple of weeks.
During the trial, an experienced attorney to handle the nursing home cases will help. He/she will oversee the case throughout and assure the client of winning the case.
The nursing home injury lawsuits may be lengthy. For some victims, they end up giving up even before the final verdict. It is a good idea to look for an experienced lawyer who will assure you the victory and won’t charge a lot. The attorney should at all time give you the updates to know the progression when you are absent.
Though the nursing home injury lawsuits are lengthy, you may shorten it by choosing an experienced attorney who will speed up the case for you. Consider those law firms have many reputations from the previous clients.