If your loved one has been a victim of nursing home abuse, you naturally want justice for them as quickly as possible. However, tort claims are complex, so they can take a long time to resolve. If you are wondering how long it takes to resolve a nursing abuse case, a skilled nursing home abuse lawyer in Cedar Rapids can give you the answer you need. Although an attorney cannot guarantee a payout by a particular date, they can assess your loved one’s situation from each angle to determine a possible claim trajectory.
Typically, resolving a nursing home abuse case takes 1-3 years. If a case does not involve death, an attorney can take steps to accelerate the case’s trial. The duration of the legal proceedings is generally affected by some factors, such as the following:
The Extent of nursing home abuse
In general, complex cases take a longer time to resolve than simple ones. Cases that involve more severe abuse are more complex. For instance, if your loved one experiences ongoing abuse or neglect or several parties carry out the abuse, the case can be harder to resolve.
The Seriousness of the Damages
The seriousness of the illnesses or injuries your loved one sustained due to the mistreatment they received will affect how long it takes to resolve their case. To be sure about the extent of your loved one’s damages, it’s best to wait until they have reached maximum medical improvement, or MMI. Accepting a case settlement before your loved one reaches MM means they could leave lots of money on the table.
How Strong the Evidence Is
Insurance companies are more likely to settle a case when the claimant can present compelling evidence to avoid a trial. But if an insurer refuses to settle the case, you can file a lawsuit against the nursing home. When this happens, the case duration gets extended. When the case goes to court, the types of factors that affect the case duration include the caseload of the jurisdiction and the willingness of every involved party to cooperate.
Usually, care homes do not offer medical records on time, and they are made in a way that protects offenders from liability. Obtaining medical records, accessing abusive parties, and working with experts who will substantiate claims will make the discovery process take months or years. But such complicated cases depend on individual circumstances.
