How long does a nursing home lawsuit take?

A nursing home lawsuit can be difficult for you but can be claimed in court to get the judgement. This is very important to understand the case so that the processing goes smoothly and the time duration of the case can be minimized. The timeline of the nursing home lawsuits depends on the intensity of the case.

This article will describe the factors that affect the timeline of the nursing home lawsuits and the normal timeline of the cases. 

Factors Affecting the Timeline of a Nursing Home Lawsuit

• 1.    Investigation and Preparation

It is important to study the case thoroughly before filing a nursing home lawsuit. You must keep the following points in mind to prepare the case:

Gathering Evidence

You must collect and organize all the evidence related to the case. These evidences can be medical records, witness statements, event reports, or any photos.

Expert Consultations

You need the expert testimony to prove the violation. The experts know the standards of nursing homes can violate and can be claimed against them.

Legal Review

To take the legal review from any attorney also enhances your case.

2.    Filing the Lawsuit

After investigation and collecting the evidence, you must file the lawsuit in the right court. The time to prepare and File a Small Claim Case depends on the nature of the case, but typically it takes a few weeks to a few months depending on the intensity of the case.

3.    Discovery Phase

After filing the lawsuit against nursing homes, a discovery phase starts. This phase is the longest part of the lawsuit. It can take six months to many years, depending on the complexity of the case.
During this phase, the Plaintiff and the nursing homes need to exchange information about the case. This information includes interrogatories, depositions, and the documents requested.

Interrogatories: 

Interrogations are the written questions that both parties must answer.

Depositions: 

Depositions are the statements or evidence taken from the parties regarding the case.

Document Requests: 

These are the documents that both parties need to provide related to the case.
The discovery phase results in delayed proceedings or contest requests for data. 

4.    Pre-Trial Motions and Settlements 

After completing the discovery phase and before starting the trial, either party may ask the court for per-trail motions. These requests can be about:

Dismissing the case

A party can request to dismiss the case if they feel their case is not strong.

Summary judgment

Summary judgement is a request of the party to take favor without trial. This request can be implemented when one party is allowed to rule as a matter of law.  
Sometimes parties decide to make settlements without going to the trial phase. 
Most of the Nursing Lawsuits are settled before going to the trial phase. Settlements between the parties can reduce the time period of the case.  

5.    Trial

If the case enters the trial phase, the time period will gradually increase depending on the intensity of the case. The trial may consists of a few days to several weeks. After the trial, court will give the judgement.

6.    Appeals  

If any one party is not happy with the court judgement, they can appeal the case. Appealing a case may increase the time period of the case as it will take more time to complete the case. Appealing the case needs more legal action to proceed. 

Average Timeline for a Nursing Home Lawsuit

The timeline of any nursing home lawsuit depends on the intensity of the case, but typically the timeline is as follows:

The first phase of investigation and preparation of the case takes typically three to six months. The second phase of Filing The Lawsuit takes one to two months. The third phase is the discovery phase, and it takes six months to two years. Next phase, pre-trial motions and settlement take one to six months. Trial takes one week to several weeks. If someone goes to the appeal phase, it takes six months to two years. 

So on average, a nursing home lawsuit can have a time period from one year to many years, depending on the nature of the case.

Tips for Speeding up the Process

If you want to reduce the timeline of your case, you can do the following:

Hire an Experienced Attorney

You can hire the experienced lawyer who can add the effect of his expertise to the case.

Gather Evidence Early

Make it a practice to gather the evidence whenever you face any legal issue, this will help you a lot.

Be Open to Settlement

Try to resolve the case with settlements if you feel your case is weak. 

Conclusion

A nursing home lawsuit can be difficult for you but can be claimed in court to get the judgement. This is very important to understand the case so that the processing goes smoothly and the time duration of the case can be minimized. The timeline of the nursing home lawsuits depends on the intensity of the case.

The timeline of any Nursing Home Lawsuit depends on the intensity of the case, but typically the timeline is as follows:

The first phase of investigation and preparation of the case takes typically three to six months. The second phase of filing the lawsuit takes one to two months. The third phase is the discovery phase, and it takes six months to two years. Next phase, pre-trial motions and settlement take one to six months. Trial takes one week to several weeks. If someone goes to the appeal phase, it takes six months to two years. 

So on average, a nursing home lawsuit can have a time period from one year to many years, depending on the nature of the case.