How Long Does It Take to Settle a Nursing Home Case?

Nursing home abuse and neglect cases are among the most emotionally charged and legally complex claims in personal injury law. When a loved one suffers harm due to the negligence or abuse of a nursing home, families are often left wondering how long it will take to secure justice and compensation. While every case is unique, understanding the key factors that influence the timeline can help set realistic expectations.

In this blog, we’ll explore the stages of a nursing home case, the variables that affect how long it takes to settle, and how the experienced team of Illinois nursing home abuse and neglect attorneys at John J. Malm & Associates can help streamline the process while pursuing the compensation your family deserves.

Understanding the Stages of a Nursing Home Case

The timeline for a nursing home case depends on the progression through several key stages:

1. Investigation and Case Preparation

Before filing a claim, the attorney representing the injured party conducts a thorough investigation to build a strong case. This stage involves:

• Reviewing any Investigative Reports: Attorneys consult with the Illinois Department of Public Health and review any investigative reports from IDPH about the nursing home and the alleged abuse and neglect.
• Reviewing Medical Records: Attorneys examine medical charts, nursing logs, and other documentation to identify signs of neglect or abuse.
• Interviewing Witnesses: Family members, staff, and other residents may provide valuable testimony about the conditions in the facility.
• Consulting Experts: Medical and industry experts may be called upon to analyze evidence and provide opinions on the standard of care.

Estimated Timeline:
The investigation phase typically takes 3-6 months, depending on the complexity of the case and how quickly records and evidence can be gathered.

2. Filing the Complaint

Once the evidence is gathered, the attorney files a formal complaint against the nursing home or its staff. This legal document outlines the allegations, the damages sought, and the basis for the claim.

Estimated Timeline:
Filing the complaint itself is a relatively quick process, usually completed within a few weeks. However, delays may occur if the attorney must address procedural or jurisdictional challenges.

3. Discovery Phase

The discovery phase is a critical part of litigation, where both sides exchange information and evidence. This process includes:

• Interrogatories: Written questions submitted to the other party.
• Depositions: Sworn statements taken from witnesses, nursing home staff, and medical experts.
• Document Requests: Requests for facility records, employee training manuals, and inspection reports.

Estimated Timeline:
Discovery can take anywhere from 6-12 months, depending on the volume of evidence and the complexity of the case. If the nursing home resists disclosing certain documents, motions to compel may add time.

4. Negotiation and Settlement Talks

Many nursing home cases are resolved during settlement negotiations, avoiding the need for a trial. Settlement talks typically occur after the discovery phase, once both sides have a clear understanding of the evidence and damages.

• Initial Offers: The nursing home’s insurance company may make an early offer, but these are often low and may not reflect the full value of the claim.
• Counteroffers: Your attorney negotiates for fair compensation, leveraging evidence to strengthen your position.

Estimated Timeline:
Settlement negotiations can take weeks or months, depending on the willingness of the parties to reach an agreement. If both sides are motivated, this stage could conclude in 1-3 months.

5. Trial (If Necessary)

If a settlement cannot be reached, the case proceeds to trial. Trials involve presenting evidence, witness testimony, and arguments before a judge or jury.

• Preparation for Trial: Includes witness preparation, motions, and finalizing exhibits.
• Trial Duration: Can range from a few days to several weeks, depending on the complexity of the case.

Estimated Timeline:
If the case goes to trial, the process can add an additional 6-12 months to the overall timeline, including preparation and court scheduling delays.

Factors That Affect the Timeline of a Nursing Home Case

Several variables can influence how long it takes to settle a nursing home case:

1. Complexity of the Case

Some cases involve straightforward instances of neglect, such as failing to prevent bedsores or dehydration. These may settle more quickly than cases involving systemic abuse or medical malpractice, which require extensive expert analysis and documentation.

2. Cooperation from the Nursing Home

If the nursing home is cooperative and willing to disclose records and negotiate in good faith, the process can move more quickly. Conversely, if the facility resists or delays, the case may take significantly longer.

3. Amount of Damages Sought

The higher the damages being sought, the more likely the nursing home or its insurer will challenge the claim. Large claims often involve longer negotiations or even a trial to resolve.

4. Involvement of Insurance Companies

Insurance companies play a major role in determining the speed of settlement. Some insurers are more inclined to settle quickly, while others may delay proceedings in an effort to minimize payouts.

5. Court Backlogs

If the case goes to trial, the schedule of the court system can significantly impact the timeline. In some jurisdictions, heavy caseloads can result in delays of several months.

6. Strength of Evidence

Cases with strong, clear evidence of neglect or abuse may settle more quickly than those where liability is disputed. For example:

• Photographs of injuries.
• Eyewitness accounts.
• Facility inspection reports.

Typical Timeline for Nursing Home Cases

While each case is unique, a nursing home case can generally take anywhere from 12 months to 3 years to resolve. The following is a breakdown of the average timelines:

• Quick Settlements: 6-12 months (in cases with clear liability and cooperation from the nursing home).
• Moderate Settlements: 12-18 months (in cases involving complex discovery or prolonged negotiations).
• Trial Cases: 2-3 years or more (if the case proceeds to trial and involves significant disputes).

How John J. Malm & Associates Can Help With Illinois Nursing Home Abuse and Neglect Claims

At John J. Malm & Associates, we understand how emotionally taxing it is to seek justice for a loved one who has suffered neglect or abuse in a nursing home. With over 90 years of combined experience, our top-rated elder abuse attorneys have a proven track record of resolving these complex cases efficiently while securing the compensation our clients deserve.

What Sets Us Apart:

1. Thorough Case Preparation: We gather evidence, interview witnesses, and work with leading experts to build a compelling case that leaves no room for doubt.
2. Strategic Negotiation: Our attorneys are skilled negotiators who know how to counter lowball offers and push for settlements that fully compensate for your loved one’s injuries and suffering.
3. Trial-Ready Representation: While many cases settle, we prepare every case as though it will go to trial, ensuring that we are ready to advocate aggressively if necessary.
4. Client-Centered Approach: We keep you informed at every stage of the process and work diligently to reduce the stress of litigation, allowing you to focus on your family’s well-being.

“Families come to us because they want answers and justice for their loved ones,” says John J. Malm, Illinois nursing home abuse attorney. “Our goal is to move these cases forward as efficiently as possible while securing the compensation that reflects the harm suffered.”

Contact John J. Malm & Associates for Your Illinois Nursing Home Abuse and Neglect Case

The timeline for settling a nursing home case depends on many factors, including the complexity of the claim, the willingness of the nursing home to cooperate, and whether the case goes to trial. While many cases resolve within 12-18 months, others may take several years if liability is contested or the court system experiences delays.

At John J. Malm & Associates, we are committed to helping families navigate this challenging process with compassion and expertise. With offices in Naperville and St. Charles, our team of experienced Illinois nursing home injury lawyers is ready to advocate for your loved one’s rights and secure the justice they deserve.

If you are facing a nursing home abuse or neglect case, don’t wait. Contact John J. Malm & Associates today for a free consultation. We’re here to help you every step of the way.