What Steps Are Taken In A Neglect And Abuse Lawsuit?
Ch. 400 of the Florida Statutes is where nursing home neglect and abuse cases fall in Florida. This statute states the exact steps and requirements to file an abuse and neglect lawsuit against Old Folks’ Homes. Once neglect or abuse has been identified, the victim or the family members of the victim can pursue a lawsuit with an experienced elderly abuse attorney. The objective of filing a civil suit against the abusive or neglect party is to compensate for the injuries that were caused to the resident that led to damages like medical expenses.
The firm knows that money cannot compensate for the harm and trauma that the elder person received, but it is a step in holding the responsible parties accountable for their actions. Those who were abusive or neglectful towards an elderly resident must be punished in order to reduce others from suffering the same fate. Miami personal injury attorney could take on everyone aspect of a neglect and abuse case.
Steps in a Neglect and Abuse Lawsuit
There are many steps before a lawsuit reaches trial. The general outline of bringing an elder neglect and abuse case in Florida will be described below:
- Investigatory Period: Once there are suspicions that neglect or abuse is taking place, contacting a Florida Old Folks’ Home neglect and abuse attorney is vital when planning to pursue a lawsuit. For the most part, the majority of attorneys provide a free consultation that will allow the plaintiff to see if they have a valid case or not. The lawyer will requests documentation from the nursing home to have an expert review them to determine whether abuse or neglect took place. This period lasts between one to four months, depending on how complex the case is.
- Notice Period: Once the personal injury lawyer has concluded that there is a case, the nursing home will receive a Notice of Intent to Initiate Litigation from the attorney. This notice is required before a lawsuit can be filed. The mandatory pre-suit process commences once this notice has been provided to the at-fault nursing home. During this process, unsworn statements might be taken from the plaintiff. This period usually last about 2 and half months. Pre-suit mediation usually comes from this process where the opportunity of settling before going to trial becomes available.
- Litigation Process: Once all the requirements have been done, the personal injury lawyer will have the right to file the lawsuit against the guilty Old Folks Home. This is known as the litigation period. Documentation will be gathered and questions will be answered in this period by the plaintiff and will be provided to the defendant/s. Requests for discovery will also be sent out to the nursing home by the plaintiff’s The discovery phase usually last between half a year to a year and a half.
- Mediation Process: The court will order the plaintiff and the defendant to have a formal mediation once the discovery has been performed. In this process, both parties will have the ability to prove each others case with the help of a mediator. The purpose of this phase is to reach a settlement. If the settlement offer is not reasonable, the plaintiff can choose to proceed with a trial. Mediation can take as long as 8 hours and as little as 3 hours.
- Trial: The majority of nursing home neglect and abuse cases settle before even reaching trial, but if it does reach trial, it can take as short as 3 days or last up to 3 weeks, depending on the amount of evidence present. During the trial, a jury of 6 to 7 individuals will be the deciding factor of the case that is chosen by the plaintiff’s Afte the selection process, the lawyer will commence their opening statement and present evidence that supports the claim. Expert witnesses and other witnesses will be called upon to reinforce the evidence, and vice-versa. After cross-examination has concluded, the closing statements will be provided. The jury will then gather together and decide whether there is a valid case and how much should the plaintiff receive.
The Firm Can Take Your Case
We are able to obtain the maximum amount in a settlement, but are also well-qualified to win in trial. The firm’s attorneys work with perfectio to ensure that their clients are well take care of.
