How To Negotiate Nursing Home Abuse Settlements

Nursing home abuse settlements are legal agreements reached between the plaintiff and the defendant. They cover damages suffered by the victims and their families.

Settling a nursing home abuse case can lead to reduced expenses, quicker closure, and better privacy for all parties. The plaintiff may also get compensatory and punitive damages, increasing their settlement amount.

Why Should You Settle a Nursing Home Abuse Case?

The duration and value of your settlement case will vary based on different factors. Here’s how a reliable nursing home abuse lawyer can help you negotiate fair compensation.

Steps to File and Negotiate Nursing Home Abuse Lawsuits

Your lawyer will investigate crucial details like the victim’s injuries, the location of the abuse, and the nursing home’s potential liability. In cases of wrongful death, an attorney will also ascertain the underlying cause.

Gathering Evidence

You’ll work with your lawyer to compile all the details and file a civil lawsuit. The lawsuit will target the nursing home administrator and seek justice, regardless of whether they’re directly at fault.

Filing the Lawsuit

During the pretrial investigation or discovery, both parties will interrogate each other and offer out-of-court testimonies through depositions under oath.

Pretrial Investigation

Next, your lawyer will cement your claim by collecting evidence to prove the nursing home failed to care for the victim. This could include medical records, photographic evidence, surveillance videos, or testimonies.

Collecting Supporting Evidence

Your attorney will also highlight the extent of your losses, such as medical expenses, or more tragically, funeral bills.

Documenting Losses

To settle, your lawyer will negotiate terms with the defendant’s representatives. This could last a few days to a few weeks. You can also turn to mediation in case direct negotiations fall through.

Negotiating the Settlement

If the attorneys on both sides cannot settle, a neutral mediator or mediation attorney can step in to facilitate discussions between the parties involved.

Take Help from Mediators

At the end of the discussions, you can either accept or reject the settlement offer. Note that once you accept the settlement, you cannot pursue additional damages in the future. The amount you agree to is final.

Accepting a Settlement Offer

Your lawsuit will go to trial if you reject the initial settlement offer. However, this litigation process can extend over several months or years. The jury’s verdict might also be lower than what you would receive through the settlement.

Taking a Case to Trial

Nursing home abuse cases in Utah are case-specific. Consult a seasoned nursing home abuse attorney to secure fair compensation and seek justice for the victims.


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