A Nursing Home Abuse and Neglect Case Step by Step
Step One: Getting The Facts
Motley Rice lawyers work closely with you to gather the facts on your case. We will need certain information regarding your loved one including medical history.
To gather this information, we use several sources that include:
- You, family members, friends
- Past co-workers or volunteers with whom your loved one has spent time
- Medical records from hospitals and doctors
- Various research sources
Step Two: Starting The Case
To begin a nursing home abuse and neglect case, the case is submitted in court and to the facility and/or entities being pursued. The time frame in filing a case can vary depending on your goals, the statute of limitations and the availability of key facts and reliable sources.
The case will be filed in the best available forum(s) and venue. Motley Rice’s national approach enables filing anywhere in the United States, and we collaborate with a network of affiliated co-counsel attorneys who assist us in local venues.
Step Three: Conducting Discovery
When Motley Rice files a lawsuit on your behalf, we conduct aggressive pre-trial preparations by gathering additional information to strengthen your case through a process known as discovery. In addition to taking your deposition, we may:
- Conduct depositions (in which witnesses are questioned under oath) and issue subpoenas for additional key documents from the defendants
- Access our comprehensive, computerized database of medical literature and consult with medical experts
- Develop evidence of the physical and emotional impact that the abuse and neglect has had on you, your family members and your loved one
- Search, locate and interview facility staff and other witnesses to the facts of the abuse and neglect
- Take any other steps needed to build the strongest possible case on your behalf
Step Four: Case Resolution
Your case may be resolved in one of several ways, including at trial, in mediation and/or arbitration or through administrative settlements.
Trial
As your case moves through the courts, it receives our individual attention. It may be combined or consolidated with other cases, but rest assured that we fight for you every bit as fiercely in a consolidated case as in an individual case. Our clients can count on the fact that we work hard to make sure that the cases we prosecute are thoroughly prepared and ready for trial.
Administrative Settlements
Possible structured agreements may be negotiated by your Motley Rice team. Deciding when to accept or reject a settlement offer is rarely an easy decision. Our lawyers will advise you of the pros and cons of trying your case versus settling it before trial. We will do our best to help you decide whether a settlement offer is a fair one, but the decision is ultimately yours.
Settlement agreements typically involve:
- Putting nursing home abuse and neglect victims and their families at the front of the line for compensation, both in terms of the speed with which damages are paid and the amount that you receive
- Basing compensation levels on amounts commonly awarded in trials, while providing payment in a matter of weeks or months, not years
- Building in as much flexibility as possible to allow the resolution of your claim to be tailored to meet your unique needs and goals