Discovering that a loved one has suffered nursing home abuse or neglect can be deeply distressing. Pursuing justice in these situations is often complex, both emotionally and legally. When you choose Williams DeLoatche to represent you, you’re beginning a thorough, step-by-step process designed to uncover the facts and hold the responsible parties accountable. In this blog post, we’ll walk you through the key stages of that process.
What Happens First After I Contact Your Firm?
The first and most crucial step in your nursing home abuse case is the merit review and investigation. We begin by thoroughly reviewing all relevant records, including medical files from the nursing home and hospitals. These records are carefully evaluated to identify breaches in care, signs of injury, and links between those failures and the harm caused.
This phase is critical and requires detailed research that often takes time, but it forms the foundation of your case.
How Do You Decide if My Case Can Move Forward?
Determining case viability comes next. Once the investigation is complete, our team assesses whether your case meets the legal criteria for a malpractice or abuse claim. If we determine the evidence supports a viable case, we’ll reach out to discuss your options before moving forward.
Can the Case Be Resolved Without Going to Court?
Yes. If the nursing home is open to discussions, we may attempt to reach a fair settlement before filing a formal lawsuit. This exploration of resolution can save time and emotional stress for families. However, we only recommend settlement if it truly serves your best interests and provides appropriate accountability and compensation.
What If a Settlement Doesn’t Happen?
If a fair resolution isn’t possible, we begin drafting the legal complaint. This document details the case, the failures in care, the injuries sustained, and the damages your family is seeking. Once finalized, the complaint is filed—this marks the official start of the lawsuit.
What Does It Mean to File the Lawsuit?
Filing the lawsuit involves submitting the complaint to the appropriate court. The nursing home is then formally served with the lawsuit and given a specific amount of time to respond to the allegations.
What Is “Discovery,” and Why Does It Matter?
Discovery is the phase where both sides share relevant information. This includes:
- Medical records
- Staff reports
- Expert opinions
The process may also involve depositions (formal interviews under oath) and written questions. Discovery is essential for uncovering the full truth and strengthening your case. It allows both parties to understand the facts, which can often lead to settlement discussions or prepare the groundwork for trial.
What If the Case Goes to Trial?
If a settlement can’t be reached during or after discovery, we move into trial preparation. This involves compiling evidence, organizing witness testimony, and developing a courtroom strategy tailored to your loved one’s story and the specific circumstances of the case.
What Happens in the Courtroom?
At trial, your case is presented before a jury. Our attorneys advocate on your behalf, showing how the nursing home failed to meet the standard of care and how your loved one was harmed. The jury will then decide the outcome based on the facts and evidence presented.
How Long Does the Process Take?
Nursing home abuse cases are complex and may take months—or sometimes longer—to resolve. While the process can be emotionally and mentally taxing, our team is here to support you every step of the way.
The journey is lengthy and challenging, but it is also necessary in order to seek justice for your loved one. At Williams DeLoatche, we are committed to standing by your side throughout this process, fighting tirelessly to hold the nursing home accountable and secure the compensation your family deserves. Your loved one deserves the highest standard of care, and we are here to ensure their rights are protected.
Need Help Navigating the Legal Process?
Williams DeLoatche, P.C. is committed to protecting vulnerable seniors and giving families peace of mind. If you’re considering legal action, contact us today at 757-547-5555 for a free, confidential case evaluation.