If you are considering a nursing home abuse lawsuit in Riverside County, you are likely wondering what steps you will need to go through during the claims process, and how the lawsuit will work more generally. The most important part of any nursing home abuse lawsuit is hiring an experienced nursing home abuse attorney who can help you to hold the nursing home and any other parties accountable. While each lawsuit will have its own particularities based on the facts of the case, the following are general steps that you can expect in a nursing home abuse lawsuit.
Meeting With a Nursing Home Abuse Attorney
The first step in any nursing home abuse case is to meet with a nursing home abuse lawyer in order to receive case evaluations and to select an attorney for your case. When you first meet with a nursing home abuse attorney in Riverside County or elsewhere in Southern California, that lawyer will evaluate your case and will provide you with more information about what you should expect in the case and what type of compensation you might be able to expect.
Hire a Nursing Home Abuse Lawyer
Next, once you have met with one or more attorneys, you will hire one of those lawyers to work on your case. Once you and the attorney agree to move forward, the case can begin.
Filing Your Lawsuit Against the Nursing Home and Other Responsible Parties
Typically, the next step is to file your lawsuit, especially given that the statute of limitations will limit the amount of time you have to file a claim. Under California law, most nursing home abuse lawsuits must be filed within two years from the date of the injury. However, it is extremely important to ensure that you are working with an experienced attorney so that your lawsuit is filed in a timely manner. If you fail to file your claim within the time window set by the statute of limitations, you will end up with a time-barred claim.
Settlement Negotiation
Once you have filed your lawsuit, your nursing home abuse lawyer will negotiate with the defendant in order to seek a fair and reasonable settlement offer. You can negotiate a settlement up until the end of a trial, but you do not have to take a low-ball settlement offer or any other settlement offer that does not seem fair or reasonable under the circumstances.
Move Forward to a Trial
If the other side will not negotiate a reasonable settlement offer, you may need to take your case all the way through the end of a trial in which a judge or jury makes a determination about the case. The court will determine whether the defendant is liable for damages, and will determine the total amount of damages for which you are eligible. Your lawyer can speak with you in more detail about potential damages under the California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).
Contact a Nursing Home Abuse Attorney in Riverside County
If you have questions about filing a lawsuit, you should get in touch with a Riverside County nursing home abuse lawyer as soon as you can. Contact the Walton Law Firm for more information about how we can assist you.
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