What happens during a lawsuit for nursing home abuse or neglect?

If a member of your family suffered injuries caused by nursing home abuse or neglect, you may be able to obtain compensation by filing a lawsuit. Many of our clients have questions about what happens during the lawsuit process.

The first step is to talk to an attorney. At Joyce & Reyes, we offer a free consultation so that you can learn whether a lawsuit is in your best interests. We may demand compensation from the nursing home on your behalf, prior to filing a lawsuit.

If a complaint is filed, initiating a lawsuit, then the defendants will file a response, and a period of discovery begins. During the discovery period, which can last several months or longer, both sides in the lawsuit exchange evidence and judge the strength of the case.

At any point in the process, often after some discovery has taken place, a settlement offer may be made. A settlement is by nature a compromise. Both sides may be willing to settle on a certain payment amount to avoid the uncertainty of trial.

If a settlement is not reached, the case will go to trial, and it will be up to a jury to decide whether the defendant was negligent and how much the plaintiff should be awarded in damages. Trials often take place more than a year after a case is first filed.

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