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A person who has been abused in a nursing home has many options available under Florida law. They can bring a claim or a lawsuit against the nursing home and hold them accountable in court. However, such decisions should not be made until considering all of your legal options after a Palm Beach Gardens nursing home abuse. Get in touch with a skilled nursing home abuse attorney who can advise you on what decisions to make as well as act as a guide during the legal process.
What is a Patient-Signed Arbitration Agreement?
Some nursing homes have patient-signed arbitration agreements, which may or may not allow a person to move forward with the claims process. If the arbitration agreement is valid, a lawyer can still investigate, discover, and bring their case in front of an arbitration panel and try to seek an award. Speak with an attorney to learn more about how an arbitration agreement could limit legal options after a Palm Beach Gardens nursing home abuse.
What to Bring to an Initial Consultation with an Attorney
A person should take all the information they have relating to the facility to a lawyer. If they have medical records, they should bring those. If they do not have medical records but have advertising materials, they should bring those as well.
Nursing home facilities usually advertise themselves as providing the best care around. They present compelling arguments within their advertisements regarding why people should put their most vulnerable loved one in this particular facility. An attorney could potentially argue that these facilities have failed to live up to what was stated in the advertisements.
Who Gets to Decide Whether to Take a Settlement or go to Trial?
The plaintiff always makes the decision as to whether to take a settlement or go to trial. Attorneys can make recommendations based on our years of experience, but can only advise victims on the risks and the benefits of going to trial. Attorneys can only give their opinion and offer guidance as to whether they think the settlement offer should be accepted or rejected. However, these decisions are to not be done without consulting with an attorney.
When Should Someone Settle a Nursing Home Abuse Case in Palm Beach Gardens?
A person should consider settling a case if the risk outweighs the reward. For example, if the damages are good but the liability is weak, it is very difficult to prove that the nursing home could have prevented the injury. If there is a reasonable offer on the table, it may be worthwhile to consider to settle because the likelihood of a jury awarding that number or a higher number is slim.
If an attorney believes that a victim may not receive a favorable outcome by going to trial, then they may recommend a settlement. Sometimes an insurance adjuster or the defense may make an offer that does not seem great but is reasonable. However, a reasonable offer may be better than a higher jury award six months down the road due to the fact that injury-related expenses may have increased.
Get in Touch with a Palm Beach Gardens Nursing Home Abuse Lawyer
If you or someone you love has experienced abuse while staying in a nursing home, it is necessary to get in touch with an experienced attorney. A lawyer can offer you guidance on your legal options after a Palm Beach Gardens nursing home abuse. An attorney can also give their opinions as to whether or not take a case to trial or settle. Legal decisions should not be made without consulting with an attorney first since they can use their experience to give well-thought-out opinions on your case. Contact an attorney today to schedule an initial consultation.
