Preceding a nursing home abuse trial, there is often an investigation of the abuse allegations. Depositions are taken, records are collected, experts are hired, and the case is put together. The plaintiff is the resident or the resident’s family on one side and then the nursing home or the nursing home management company is on the other side. Pre-trial investigations in West Palm Beach nursing home abuse cases are an opportunity for you and your attorney to collect evidence that can help prove that the nursing home was negligent. Contact a qualified abuse attorney who can build your case, and fight for a positive outcome for you. 

What to Do Prior to Trial

A person who brings a nursing home abuse claim should work closely with their attorney to discuss the case and make sure they understand the strengths and the weaknesses. The person should listen to the advice of the attorney to make their decisions about whether they want to settle the case or go to trial.

The most important thing to remember is that the attorney has been through pre-trial investigations in West Palm Beach nursing home abuse cases before. The person should make sure they have an open line of communication with the attorney. Prior to trial, a person should not be posting on social media about the upcoming trial. They should not fail to listen to what their lawyer is telling them about the strengths and weaknesses of the case. 

Pre-Trial Evidence

Prior to trial, the lawyer is focusing on what took place, why it happened, and who is responsible. They gather all of the relevant records, depose witnesses, conduct witness interviews, and hire expert witnesses to prepare the case for trial. One of the benefits of a short pre-trial period is that the costs are usually less. The case can get a result much more quickly and so the stress of going through the lawsuit process is over in a much shorter period of time. However, a shorter pre-trial process can make it more difficult it for the lawyer to gather all of the information needed to present the case. 

Prima Facie Cases

Prima facie means at first glance the facts appear to be true unless proven otherwise. A prima facie case has sufficient evidence and is accepted as true, so there is a valid claim. Prima facie in a nursing home abuse claim context only applies at the beginning when the lawyer files the initial paperwork with the court. If the court believes there is sufficient evidence, the case can go forward with more investigation to develop all of the facts.

 An example of a prima case is an allegation that the nursing home did something wrong and what the nursing home did wrong caused neglect. For example, allegations that the nursing home failed to turn and re-position a bed-bound resident and as a result of that failure, the resident developed pressure sores that went down to the bone. 

Value of an Attorney

The value of pre-trial investigations in West Palm Beach nursing home abuse cases is that they allow attorneys to gather all of the necessary evidence. The prima facie claims hold weight only at the beginning of the case. The court is satisfied that the lawyer alleged enough facts that if true, constitutes a case. Once the lawyer goes through the case, gathers the evidence and goes to trial, the prima facie case is less important than the actual evidence. A lawyer establishes a prima facie case of negligence by asserting all of the allegations necessary for a nursing home abuse claim that shows somebody did something wrong and, as a result of the wrongdoing, harm was caused. Contact a lawyer who can work with you to establish negligence, and can fight for you.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260