When a nursing home or assisted living facility abuses or neglects a resident, which causes that resident’s injury or death, then that facility is responsible and liable to the resident for the harms caused. This is the basis of nursing home abuse and neglect lawsuits in Georgia.
However, not all nursing home abuse cases are taken to trial. Like most other personal injury cases, there are times when it is advantageous to settle a claim prior to verdict. Taking claims through litigation can be very expensive. In our civil justice system, each side pays its own way- even the non-liable party. So, settlement will make sense when the amount offered by the nursing home’s insurance company is close to an amount that would have been received at trial, less expenses.
At Schenk Smith, we only accept a nursing home abuse or negligence case with the understanding that if we do not receive an appropriate settlement offer, we take the case to trial, or where applicable, to arbitration. This lets the nursing home insurers know that we are serious about our cases.
Still, we are sensitive to the desires of our clients. Some of our clients do not wish to “relive” the incident that lead to their loved one’s death. Some wish to stay out of court. We understand that. In those cases, and others, we reach out to the nursing home’s insurance company and attempt to mediate a settlement prior to filing suit.
With mediation, both sides present evidence, and an independent mediator attempts to facilitate a settlement. If both parties agree, then the case settles then and there and the case is over. We have found that mediation is an excellent way to bring resolution to a claim, and our clients have been very happy with the results.
Our office has settled claims for nursing home abuse and neglect through mediation for different types of claims, including bed sores and other physical injuries, among others. If your loved one has been injured or passed away at a nursing home or assisted living facility, and you are wondering what your settlement options are, then please, feel free to call and speak to one of our experienced Georgia nursing home abuse lawyers today. Our consultations are always free.