my mom was injured in an accident at the nursing home facility she was in....and they were negligent.....and this has been since oct of last year so when do the case get started and how long does it take before we the children and our mom hear from them......she has now been taking out the facility.....what do the courts base everything on and why does it take so long to settle?
In most states you have 2 years from the date of the incident to file a lawsuit. Most lawyers will see if a settlement can be reached prior to filing a lawsuit. If a lawsuit has been filed it normally takes 1 - 2 years to take the case to trial. The legal system is slow and a lot of work must be done in order to prepare for trial (discovery process; depositions; motions; jury instructions; pre-trials, etc.). As for the money, if your mother is still living SHE would get the settlement. If she is now deceased, the money would enter her estate and be split according to her Will or the laws in your State. If you don't have a lawyer yet, get one before your statute of limitations runs. In some states you must file a tort claim (notice) within 6 months of the incident.
Lawsuits generally take as long as they take. Some cases drag on until the parties die.
Even when the initial trial ends, the ruling can be appealed.
Damages are awarded based on a number of factors, generally based on the degree of negligence by the defendant and loss, and/or pain/suffering by the plaintiffs.
There is no clear answer to your question.
Good for you.I am glad you are taking action.My dad is in a nursing home and they are all bad places.The patients don't get fed all their meals,they are left wet,the are abused both verbally and physically.The pick on the most vulnerable.These nursing homes esp. the ones with the rehab centers are breaking medicare and you and I won't have any retirement money.They are big business and making a living off these folks.Your attorney will try to get a settlement and the nursing home will probably not want to go to court to keep out of the news.The nursing notes will be especially important and don't be surprised if they try to change them.They will also look at the physician's progress notes.You should have gone to the nursing home and requested to see her chart they have to let you and you can get copies for a small copying fee.You'll need help from her doctor.Your attorney will need a legal nurse consultant who can testify that she had negligent care,someone who is a expert in long term care.They are short staffed and don't give a damn about the patients.They are out to make money off this vulnerable population.Write your congressman.Good Luck I hope you win big time.
Orignal From: Tips: how long does a lawsuit take? a nursing home negligence case...how does the monies get split with the kids?