Nursing home abuse can lead to a multitude of psychological and physical scars. Furthermore, it can be upsetting to learn that the very people you are trusting to take care of a loved one, are abusing them. After learning of the abuse, you can pursue legal action by filing a case, and by trying to reach a settlement. There are many valid reasons to move forward with a case, and just as many reasons to settle. An adept abuse attorney is vital, whether you are pursuing a West Palm Beach nursing home abuse settlement, or you decide to go to trial. Contact an attorney who can advocate for you.

Pursuing Legal Action

The legal system provides a strong framework under federal and state law to get justice for somebody who was abused or neglected in a nursing home. 

At the initial consultation for a nursing home abuse case, any documents that a person has that are related to the case are important. The person should prepare a timeline of events that occurred. Being organized with materials and the things that happened is most helpful for the lawyer to understand what took place. 

Ultimately, the person who was abused gets to decide whether the case goes to trial. A good lawyer never makes an offer to the other side without getting permission from the victim first. An attorney will never reject an offer from the other side without getting permission from the victim. All final decisions come from them.

When to Settle

The decision to settle or go to trial is unique in each particular case and to each client. There are many factors in making that decision including the strength of the case, and the amount being offered versus the amount of harm. If someone is pursuing a West Palm Beach nursing home abuse settlement, there should be a reasonable amount of money being offered. The person should consider the value of having funds today versus waiting years to get money. 

When the settlement offer does not reflect the magnitude of the harm caused by the wrongdoing and the settlement offer does not make a material difference in light of the client, those are indicators that the person should consider taking the case to trial. 

Determining the Settlement Value of a Claim

The settlement value of the claim is based on several factors. This includes the degree of bad conduct that took place and the lawyer’s ability to prove the bad conduct. Another factor is the degree of injury caused by the bad conduct and the ability to prove that that injury was caused by the bad conduct.

An experienced lawyer factors those things into what happened and draws on past experience to determine what a jury is likely to do if this type of case is presented to them. The factors are considered when determining a reasonable settlement amount. 

Deciding whether somebody should accept the settlement offer is unique to each client. It involves their willingness to go forward. It is not easy to go through a trial and can be painful. The person must consider the amount of the money being offered and the strengths and weaknesses of the case. It is also important to take into account the benefits of not having to sit through a trial versus the benefits of going to the trial, having the jury make the determination, and holding the nursing home accountable.

Role of a Lawyer

A good lawyer makes sure that the client is kept informed on the good things and the difficulties of the case. An experienced nursing home abuse lawyer talks with the client about the strength and potential weaknesses in the case. They discuss what the jury is likely to do based on the set of facts so the client can make the most informed decision in their best interest. If you are considering pursuing a West Palm Beach nursing home abuse settlement, or you wish to know more, contact an experienced abuse attorney today.

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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