When a family member is abused or neglected in a nursing facility, one desires immediate justice. However, the legal system rarely moves with such urgency.

How long does it take to settle a nursing home lawsuit? Many people ask, and the answer is not always easy. These cases may be complicated and lengthy, lasting between 18 months and several years, from the first investigation to the possible trial.

The timeline will depend on factors including the extent of injuries, the desire of the nursing home to negotiate, and the complexity of the court system, among other factors. Families that need accountability and compensation for their family members should understand this journey, and the information below helps clarify this issue.

The General Timeframe

A nursing home lawsuit can be a long and tedious process, making it crucial to manage expectations regarding its duration from the outset. While some straightforward cases might resolve in 9 to 12 months, this is generally not the norm. The more realistic and average time frame for a moderately complex case is 1 to 3 years to resolve.

This period includes litigation phases, including initial investigation and filing, discovery, and negotiation. Those cases that require much trial preparation, or those that do go to trial, may go well beyond this 3-year mark and often far beyond it. Awareness of this in advance enables people and families to take on the responsibility of pursuing justice.

What is a Nursing Home Lawsuit?

A nursing home lawsuit is a civil action filed against a long-term care facility to hold it accountable for the damages it inflicts on an individual resident. This lawsuit aims to receive damages, which in legal terms means monetary compensation to cover multiple losses incurred by the victim and their family. These damages normally include:

  • The medical bills incurred as a result of the actions or inactions of the facility

  • Compensation for pain and suffering

  • Other quantifiable financial and non-financial losses

The general aim of this case is to secure some justice and to give some financial compensation to the extent to which the negligence or abuse has affected the resident's life.

These claims are usually based on several bases, each dealing with a different aspect of injury. Negligence is a common cause, where a nursing home does not offer the recognized standard of care that a reasonably prudent nursing home would have provided in the same situation. This may be in many forms, including:

  • Fall injuries, which could have been prevented

  • Medication errors, which have adverse health effects

  • Malnutrition and dehydration, which occur because of poor feeding and observation

These failures directly affect the well-being of a resident and may result in a severe loss of health.

In addition to the issue of negligence, a nursing home lawsuit may be filed regarding intentional abuse, that is, the purposeful harm inflicted on a resident. This type of abuse includes:

  • Physical abuse — Hitting or otherwise inappropriately restraining a resident

  • Emotional abuse — Intimidation or verbal harassment

  • Sexual abuse

  • Financial abuse — Misappropriation of the assets of a resident

All these types of abuse are a severe violation of trust and direct infringement of the rights and safety of the resident. Moreover, wrongful death suits can be filed in cases where the activities or failures of a nursing home result in the death of a resident. The specific kind of claim attempts to recover the losses of the surviving family members due to their ultimate loss, like funeral expenses, loss of companionship, and other related damages, and so deals with the ultimate disastrous consequence of the facility's failings.

The Statute of Limitations For Nursing Home Lawsuits

One of the main points in a legal action against a nursing home is the concept of the statute of limitations. It is a critical legal deadline that determines the total time limit that you have to file a lawsuit after an alleged case of abuse or neglect. This statute of limitations is absolute. After it expires, that right to sue is forever lost, no matter how strong the case might have been.

Generally, the statute of limitations on a nursing home abuse and neglect case, which would be treated as a personal injury, is two years in California from the date of injury per Code Civ. Proc. §335.1. However, when the case involves financial elder abuse, another statute is used, which provides up to four years after the date of discovery or reasonable discovery of the financial abuse per Probate Code §15610.23.

The general deadline for claims of wrongful death against a nursing home is two years following the date of death. However, when the wrongful death is a result of medical malpractice, then the statute of limitations is one year after the cause of death is discovered or three years after the death, whichever occurs first. An important exception is the case of suing a government entity, where the time limit to file a claim is much shorter, usually six months after death or injury.

The discovery rule is a significant exception to the general rule determining the statute of limitations. The statute of limitations clock typically starts running when the injury or neglect occurred. However, under the discovery rule, the statute of limitations might not begin to run until the injured person, or their representative, learns of the injury or should have learned of it.

This is especially applicable in instances of nursing home abuse or neglect where the effects of the abuse may not be immediately apparent, or the abused individual may not be able to verbalize their pain because of their condition.

For example, suppose that a latent bed sore is not detected until months after it has formed. The statute of limitations may run back to the date of discovery, as opposed to the date on which the sore initially arose. To have the application of the discovery rule, the plaintiff must prove that they were not aware of the harm, that they could not find the harm by exercising reasonable diligence, and that the injury could not have been discovered earlier by exercising reasonable efforts. The exception is to ensure justice is not denied because the complete picture of the harm was not necessarily apparent then.

Because of the complexity of these deadlines and exceptions, anyone considering filing a lawsuit against a nursing home should consult a personal injury attorney to understand their jurisdiction's applicable statute of limitations.

Primary Variables Which Affect the Settlement Timeline

In addition to the absolute deadline enforced by the statute of limitations, several significant variables significantly affect the total time it takes to resolve a nursing home abuse or neglect case, ultimately jeopardizing the settlement time frame.

Gravity of Harm and Complexity of Injuries

Most noticeable is the gravity of the harm inflicted on the victim. An action that involves a wrongful death or serious, permanent injuries should be investigated and examined by experts to a greater extent than an action where there is only one healed fracture. These cases often require intensive investigations, voluminous medical records, and expert testimony to prove the full amount of damages and the cause-and-effect relationship between the actions of the nursing home and the subsequent injury.

This thorough analysis and specialist input are bound to increase the time taken to resolve the case as opposed to cases of less grievous and more quantifiable injuries.

Quality and Availability of Evidence

The quality and purity of available evidence are also central to the speed at which a lawsuit is pursued. In cases where the liability is not in question, for example, in the event of a videotaped incident of abuse or unassailable documentation of neglect, the avenue to a resolution can be more straightforward. In these cases, the necessity to conduct a lengthy discovery and to engage in litigation over factual issues is often diminished, and a quicker resolution is possible.

On the other hand, the ones where the liability is not apparent at first glance, because of the contradicting testimonies, complicated and incomplete medical documentation, or the necessity to employ subtle interpretations of the standards of care, will inevitably extend the judicial approach.

Proving liability in these less clear-cut cases can be complicated, as it may require a finer inspection of policies and procedures, staff training records, and expert opinion to demonstrate negligence, which introduces even more complexity and time into the process.

Defendant's Strategy and Insurance Company Tactics

Moreover, the defendant's strategic behavior and their insurance companies' strategies may also greatly influence the length of the lawsuit. Corporate chains of nursing homes, as well as their insurers, usually possess extensive resources to fight claims. They can deliberately use delaying tactics, for example, making procedural motions, seeking extensions, or conducting a great deal of discovery, even on minor issues. This approach is often calculated to drain the plaintiff of their financial resources and emotional stamina until they are forced to accept a lesser settlement than they would otherwise be entitled to.

Awareness of these possible delaying strategies is crucial so that plaintiffs and their lawyers can be prepared and endure a lengthy legal process.

A Nursing Home Lawsuit Process

The procedure of a nursing home lawsuit is divided into specific steps, which start with the detailed preparation and may result in a trial or, more likely, a settlement. Let us look at each step in detail.

Inquiry and Filing of the Complaint

The road to a nursing home lawsuit begins with an important stage of investigation and evidence collection. This is a time-consuming phase that requires the potential plaintiff and their legal representative to carefully gather all the possible documentation, which may involve medical records, nursing home charts, incident reports, and any other similar documents related to the reported abuse or neglect.

At this phase, lawyers often involve different professionals, including medical and nursing experts, to evaluate the legitimacy of the case, the degree of the damages, and the clear relationship between the actions or inactions of the nursing home and the resulting damages. This thorough preliminary investigation is crucial to having a solid foundation for the claim and its legal feasibility.

After adequate evidence is gathered and the decision to proceed is reached, the legal process is started formally by the filing of the complaint. This is the basic document that is filed in the proper court, gives the factual grounds of this lawsuit, names all parties involved, and states the legal grounds of the claim against the nursing home, which officially commences the litigation.

The Discovery Phase

Upon the official filing of the complaint, a lawsuit then goes into the discovery stage, which can be the most expansive and intense phase of the legal process. This time is devoted to the orderly exchange of information and evidence between all the parties to the case. The main goal of discovery is to avoid surprises at trial and make proceedings transparent as both parties learn the facts and legal theories underpinning the other party's positions. This stage involves several essential activities.

Written discovery is a key element, and it entails the transfer of formal legal papers. These are:

  • Interrogatories—Written questions that must be answered under oath

  • Requests to produce documents — Formal requests to provide certain records, physical evidence, or electronic information

  • Requests to admit—Statements of fact that the party is asked to admit or deny

These written communications are important regarding the discovery of factual information, the determination of possible witnesses, and the acquisition of documentary evidence necessary to the case.

Depositions are another essential part of the discovery phase. A deposition is a formal, sworn testimony of a witness outside of court. This is usually an oral testimony taken under oath before a court reporter and, sometimes, video. In a deposition, the representatives of both parties can ask the witness questions, the plaintiff, the staff members of the nursing home, the medical professionals, or any other person with the necessary information.

The evidence taken at a deposition is carefully transcribed. It may subsequently be used in court against a witness to impeach him/her (to discredit him/her, in case his/her testimony at trial is contrary to that taken in the deposition) or to prove his/her testimony in case he/she is not available to appear at trial. Depositions provide priceless information on the knowledge and credibility of witnesses, assist in cementing the truth, and enable attorneys to gauge how witnesses may behave in a trial.

Discovery, including depositions, can last several months or more, depending on the complexity, the amount of evidence, and the number of witnesses involved.

Negotiation and Mediation

Once there is significant progress in the discovery phase, and all sides have a better idea of the advantages and disadvantages of their side, the case often becomes subject to mediation and negotiation.

Mediation is a highly organized meeting where the parties involved meet with their legal representatives and a neutral third-party mediator. This mediator, who may be an experienced attorney or former judge, has no power to make any binding decisions or to decide the case. Instead, they competently mediate the exchange of information and bargaining between the conflicting parties.

The mediator's goal is to assist the parties in examining the numerous settlement possibilities available, filling communication gaps, and finding a meeting point in a confidential environment. The end goal of mediation is to reach an acceptable compromise that could avoid a long and expensive trial.

Although not every case is settled through mediation, it can be a very effective dispute resolution tool for nursing home litigation. If a settlement is achieved successfully, a formal agreement is prepared and signed by all the parties, and the lawsuit is dismissed. If mediation fails and direct negotiations are unsuccessful in reaching a settlement, the case will enter the last phase of the legal process, a trial.

The Impact of Settlement vs. Trial

During a nursing home lawsuit's discovery and mediation stages, the most critical strategic decision arises: to accept a settlement offer or go to trial. This decision has a far-reaching effect on the ultimate schedule, economic consequences, and the plaintiff's experience.

Settlement occurs in the vast majority of civil cases, including nursing home abuse or neglect cases, and avoids a full trial. It is a significant trend, as more than 95% of civil lawsuits are settled. The main attraction of a settlement is that it offers a quicker, more confidential solution to a case with an assured financial settlement. With settlement, the sides agree on a particular amount of compensation, and the case is ended without further litigation, providing a form of finality and certainty that is not possible in a trial.

On the other hand, a trial would significantly increase the duration of the legal process and present a high degree of risk. Trial preparation may add six to twelve months, or more, to the entire process. This stage is the most labor-intensive one, including:

  • Final evidence

  • Witness preparation to testify

  • Trial briefs

  • Other widespread legal discussions of the case in court

After the trial preparation is done, it is usually an emotionally demanding process, and it can be quite costly because of the continued legal expenses and the expense of expert witnesses. There is never any certainty of the result of a trial. A jury could award less than the settlement offer or nothing, which is a big gamble.

However, the threat of a trial just around the corner is typically the most effective leverage that can be used to make the defense give its best and final settlement. The defense, confronted by a trial's unpredictability, cost, and media exposure, often becomes more willing to compromise to a sensible settlement as the trial date nears.

Find a Personal Injury Attorney Near Me

Although the duration of nursing home lawsuits may differ, ranging from a couple of months in the case of simple settlements to multiple years in the case of more complicated cases that will end up in trial. It is important to know about this legal process. More than 95% of these cases are settled, providing a quicker, more confidential result with a secure monetary outcome.

Nevertheless, the threat of litigation usually gives the leverage needed to obtain the most advantageous settlement. When your loved one has been harmed by nursing home abuse or neglect, contact the Orange County Personal Injury Attorney today at 714-876-1959 to schedule a consultation, learn your rights, and begin pursuing justice.