This is the next article in my series on the handling of nursing home abuse cases in our area of Illinois. My last post discussed how long nursing home abuse lawsuits may take to settle. One should understand that settling the matter prematurely can often mean receiving less than the maximum amount of compensation to which they are entitled. An experienced attorney will give an honest assessment as to when a victim should or should not settle a case. In this article, I will be discussing the process of litigating such a matter. If you are in need of assistance then contact my office today to speak with a Peoria personal injury lawyer.
An important first step in any matter will be to identify all possible defendants. This will include any potentially liable employees of the eldercare facility, the company which owns the facility, and potentially additional companies if the facility is part of a larger conglomerate. An attorney will be able to discern some, if not much, of this information from public records. The more complicated the corporate structure, however, then the more likely it is that all of the defendants will not be identified at the outset of the matter. Subsequent defendants may not be identified until discovery commences.
The attorney for the Plaintiff will inform the various defendants of the representation. Once the victim’s damages can be reasonably determined then a settlement demand will be sent to the applicable insurance carriers. The parties will engage in back and forth negotiation and, if a settlement cannot be reached, then it will be necessary for the Plaintiff to file a lawsuit. It is important to note that the commencement of litigation does not mean that settlement negotiations end – settlement talks will often continue until the matter is resolved or until the case goes to trial.
Discovery will commence shortly after a lawsuit has been filed. Discovery is the process through which information is gained during litigation. This process allows for the taking of testimony, the obtaining of records, and the requirement that the other side provide written answers to written questions. In complex cases, discovery will often lead to the identification of additional defendants. These parties may then be added to the lawsuit. It is common for the parties to also attend a non-binding mediation during the “discovery phase” of the case. Mediation is a neutral setting at which a mediator attempts to broker a settlement between the parties. While not always successful, mediation can often result in a matter meeting its resolution.
If the case does not settle then the matter will proceed to trial. I have previously discussed the process of a daycare injury trial. A similar process will be employed in matters involving eldercare injuries. The matter will begin with the selection of a jury. The Plaintiff will then present their evidence and witnesses. The defense will follow by presenting their case. The Plaintiff may then present “rebuttal” evidence. The rebuttal portion of the case may only be used to directly address claims which were made by the defense. Each side will then make a closing argument and the jury will deliberate. The jurors will be tasked with determining liability and compensatory damages. If a verdict is reached in favor of the Plaintiff, and punitive damages are requested, the case would then proceed to a separate stage for the punitive aspect. The Court will be enforcing the rules of evidence and procedure during any trial.
The above-described process can be highly complicated. Failing to proceed in the best possible way can result in a victim receiving nothing for their injuries. Having a qualified attorney can be vital. I am a Peoria nursing home abuse lawyer who understands the serious nature of such cases. My office is devoted to protecting the rights of individuals over those of companies. If you need help then contact my office today to schedule an appointment. I look forward to speaking with you.
In addition to Peoria, we also serve clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
