When nursing home negligence cases occur, there are generally two ways to resolve them: through litigation or settlement. Each option has advantages and disadvantages, and the best approach for a particular case depends on several factors.
Litigation involves filing a lawsuit against the nursing home in court. The case will be heard by a judge or jury, who will listen to the evidence presented by both sides and make a decision. The process can take a long time, and the outcome is not guaranteed. However, litigation can be the best option in cases where the nursing home is unwilling to take responsibility for its actions or offer a reasonable settlement amount. Litigation can also result in more prominent compensation awards, which may be necessary to cover medical expenses, ongoing care, and other damages resulting from the negligence.
Conversely, the settlement involves negotiating compensation with the nursing home outside of court. This can be faster and less expensive than litigation and provide a guaranteed outcome. Settlement can also be a good option if the nursing home acknowledges its mistake and is willing to take responsibility for it. However, the compensation amount in a settlement may be lower than what could be awarded through litigation, and there may be limits on what damages can be recovered.
One key difference between litigation and settlement is the victim’s and their family’s control over the outcome. In litigation, the decision is made by a judge or jury, which can be unpredictable. In the settlement, the victim and their family have more control over the process, and they can negotiate the settlement terms.Another difference is the cost and time involved in each option. Litigation can be lengthy and expensive, requiring legal fees and court costs. On the other hand, settlement can be a faster and cheaper option, although it may still require the assistance of an attorney.
Ultimately, the best option for a particular nursing home negligence case depends on several factors, including the severity of the negligence, the willingness of the nursing home to take responsibility, and the desired outcome of the victim and their family. For over 40 years, our office has been handling these kinds of cases, and it’s essential to speak with an experienced attorney who can help victims and their families determine the best course of action for their particular cases.