This is the next article in my series on the handling of cases in our area which involve injuries incurred in an Illinois nursing home. My last post discussed how damages are determined in a nursing home abuse case. While punitive damages are in personal injury cases, matters involving these types of facilities may be more likely to involve reckless or intentional conduct. An attorney will give you an honest assessment as to the level of damages you may possibly recover in a case. This article will continue that discussion by explaining how long it may take to settle such a matter. If you are in need of assistance, then contact my office today to speak with a Peoria personal injury lawyer.
I have previously discussed why personal injury cases may take substantial time to settle. The concepts discussed in that article apply to matters involving nursing homes. As previously discussed, it is generally advisable that one not settle a matter until their long-term damages can be reasonably determined. Settling a case prematurely may result in the victims and their loved ones not receiving the money needed for future medical care or other expenses. This is especially true in matters where the victim’s recovery does not go as planned. Additionally, settling a nursing home case prematurely will often mean that a victim or their loved ones may be foregoing a possible punitive damages award (in instances where this would be applicable).
Consider the following example. Suppose that Jane is a senior citizen who is living in a nursing home. She is regularly visited by her children and grandchildren. Due to chronic back pain and other health issues, she sometimes sleeps with the assistance of a sedative. One morning she wakes up on the floor of her room and her hip is injured. The staff informs the family that she likely rolled out of her bed in her sleep. The family contacts an attorney and accepts a “quick” settlement of $100,000, thinking that the hip injury will improve. Unfortunately, the hip does not improve and a replacement will be necessary. Moreover, it is later discovered that an orderly removed Jane from her bed and engaged in inappropriate conduct, which is why she was on the floor. Under these facts, Jane and her family likely would have been entitled to a much larger compensatory award and punitive damages. Because they settled the matter, however, they will only receive the $100,000. If they had waited until their attorney had conducted a full investigation, and until Jane’s long-term prognosis was known, a better outcome may have been obtained.
The answer to the question of how long it may take to settle a case is “it depends.” No two situations are the same. Settling a matter early, however, simply to obtain quick funds or to put the matter into the past, can often result in a family receiving less than what they are entitled to. A Plaintiff’s attorney is responsible for giving an honest assessment as to whether settlement offers should be accepted or not. Insurance companies will often attempt to contact a victim directly before they have had the chance to retain counsel. Retaining a qualified representative, and taking their advice as to when to settle, can increase the amount of recovery a family may receive.
If you or a loved one has been injured then contact my office today to speak with a Peoria nursing home abuse lawyer. I understand that these types of matters are deeply personal. My office will give the situation the attention it deserves. Contact us online or by telephone to schedule an initial consultation. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
