Filing a Negligence Claim & Prosecuting an Elder Neglect Case – the Process
Pursuing Pre-suit Settlement Negotiations
The vast majority of nursing home cases that are pursued are settled out of Court. Such settlements can occur before a lawsuit is filed or after the complaint is filed. To resolve a case prior to filing a lawsuit, your attorney will present a claim to the insurance carrier.
Some nursing facilities will agree to mediate a case before a lawsuit is officially filed. A mediation is a non-binding process in which both parties meet to try and reach a compromise. Meditations are common in civil cases and the Courts will typically order a mediation at some point even after the case is filed in Court.
An early case resolution represents an important opportunity to settle your case early, without the accumulation of significant costs that will reduce your bottom-line recovery. If you case has merit, you should encourage your attorney to attempt an early case resolution.