The length of the Florida nursing home abuse settlement process often takes one to two years to reach a settlement or go to trial. Rarely do nursing homes agree to willingly part with their money right away. Few cases settle in the early stages. Most cases do not settle until at or near a trial date. If you require assistance with filing an injury claim or settle a case, consult with an experienced attorney today.
Factors that Determine How Long a Case May Take to Settle
The issues that determine the length of time it may take to reach a settlement are:
- How far out the trial is set
- Depositions that need to be taken
- Evidence that has not been fully discovered by one side or the other
Nursing homes often do not want to start a settlement process until expert depositions are taken and they know what evidence will be presented at trial. Most of the time, the dialogue opportunities are not there until there is a trial date and the impending threat of a jury verdict in front of them.
Issues that can Prolong a Settlement Process
Discovery issues where the defense refuses to provide key documents may prolong the settlement negotiations. Some courts are difficult to schedule hearing time. When there is an issue that needs to be resolved by a judge and one cannot get a hearing for four months. This delays everything else going on in the case. Another issue is the availability of witnesses and getting depositions taken. That can often create a big delay in moving the case along.
How to Prevent a Case from Lasting More than a Year
The most efficient way to ensure a case lasting no longer than a year is to work hard to get a trial date as soon as possible. That does not mean demanding a trial date one month after the complaint is filed. That does not leave the parties enough time to take all the depositions they need.
A person should have a plan with their attorney so they know that after the depositions are taken and they have the documents, a lawyer can ask the judge for a trial date and try to get the case resolved by a specific date. The individual may have an open dialogue with their attorney about the timeline to ensure the attorney remembers to keep pushing their case along.
How can a Florida Nursing Home Abuse Attorney Help?
In an effort to minimize the length of the Florida nursing home abuse settlement process, a nursing home abuse lawyer may expedite the case to make sure the litigation moves along. The defense attorney’s primary objective most of the time is to delay. A lawyer can schedule depositions and confirm that hearings are set timely and heard before the judge.
For assistance with settling a case, be sure to get in contact with an attorney today. A lawyer can obtain a trial date as quickly as possible and help you move on with your life.