Why Settlement Is Best For Your Nursing Home Abuse Lawsuit?

Entrusting your elderly loved one to the care of a nursing home facility can be a difficult decision. When you do decide to send them over to a facility, there is always an assumption that they will be in good hands and well taken cared of. When a facility fails on this aspect, you have all the right to file a nursing home abuse lawsuit.

After trusting the staff of a nursing home facility with the care of your elderly loved one, the website of Karlin, Fleisher & Falkenberg, LLC reveals that you have every right to be furious and file the necessary case. Like any other lawsuits, a nursing home abuse case can either be dismissed, summarily judged, or with a loss for the plaintiff. But such lawsuits can be expensive and time consuming for both parties. A typical trial will take around 1 to 3 years before getting a verdict. For this reason, the lawyers of both parties opt for the lesser alternative which is settlement.

For both defendant and plaintiff, settling the case out of court offers a wide range of benefits. By opting to settle, they can free themselves from the huge expenses associated with trials in the court. Consider the costs that both parties will pay when the case goes to trial. The plaintiff will make a contingency fee arrangement with their attorney which could be 33% of any pre-trial settlement or 40% of any amount received after the trial commences.

On the other hand, the defendant will hire a lawyer and pay them on an hourly basis. Not only that they will also pay the witnesses, court fees, and lost time from their jobs. In addition, the plaintiff will also have to pay their lawyers pre-litigation expenses. If the liability of the defendant and the damages that will be received by the plaintiff are clearly laid down, both parties can benefit from early settlement.

Aside from the expenses involved, trials can be stressful for both parties. They will be examined, cross examined, and their character will be questioned. Aside from that, shuttling to the court when there is trial can be tiring for both parties. By settling, the two sides agree with the defendant paying the damages and the lawsuit not going to trial.