What is the Process of Instituting a Lawsuit Against a Nursing Home for Negligence?

Philadelphia, known as the “City of Brotherly Love,” is famous for its rich history, iconic landmarks and vibrant cultural scene. It also boasts excellent nursing home facilities, providing compassionate care for its elderly population. While the number of such good nursing home facilities is rising in the region, there are a few care homes that are negligent in their conduct and need immediate legal attention. 

So, in an unfortunate event of negligence in a nursing home, a Philadelphia nursing home neglect attorney can help you know what needs to be done, or at least how the proceedings are conducted. 

Here, let us take a look at the process of filing a lawsuit against a nursing home in Philadelphia.

        1.Assessing Damages

Prior to initiating legal proceedings against another party, it’s essential to ascertain the harm inflicted by their actions or inactions. For instance, if your family member sustains a hip fracture due to a fall in a nursing home, it’s necessary to determine the duration of their work incapacity at that moment. This process will aid in determining the suitable monetary sum to be awarded as compensation for the incurred damages.

         2.Submitting and Delivering a Complaint

Once you’ve assessed the value of your case, you must submit a complaint to the court. Your nursing home abuse attorney will assist in compiling all pertinent details, such as the defendant’s identity and address, along with specifics surrounding the incident in question. If additional parties, such as doctors or nurses, are implicated in your case, they will also be listed as defendants in this document alongside the nursing home.

         3.Exchange of Discovery 

Discovery is the legal procedure through which both parties in a lawsuit acquire evidence from each other. Timelines, dictated by state law, mandate the exchange of information regarding the case, encompassing medical records, witness testimonies, and any pertinent documents. Following the conclusion of discovery, there’s typically a period allotted for negotiation between parties prior to proceeding to trial for either a verdict or a settlement agreement. This could entail mediation or arbitration if both parties opt to circumvent a protracted trial process and seek an alternative means to amicably resolve their dispute.

         4.Reaching a Settlement or Proceeding to Trial Verdict

If an agreement isn’t reached with the defendants prior to trial, your case will be presented to a jury for a verdict. If they rule in your favor, damages will be awarded based on their determination of liability.

While Philadelphia offers excellent nursing home facilities, understanding the process of instituting a lawsuit for negligence is vital. This is where the assistance of experienced attorneys come in.

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