How long does it take for a nursing home lawsuit to go to trial?

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I’m often asked how long it takes to take a nursing home lawsuit all the way to verdict. Although each case is different, it generally takes an average of 18 months to 2 years.

When the lawsuit is filed, the defendants, generally the nursing home and any liable staff, must be served. Once all the defendants have been served, the law provides 30 days for them to file an answer to the lawsuit. An answer sets out their defenses and rebuttals to the allegations.

After an answer is filed, the parties begin a six month “discovery” period. During discovery, the parties exchange documents and request written statements regarding the case.

More importantly during this time, the parties will depose important witnesses, treating doctors, nursing home staff, and experts. Depositions are an extremely valuable tool for pursuing a case. It is one of the first opportunities to shine the light on what happened.

Due to the complexity of nursing home cases, the discovery period is generally extended by several months, and sometimes lasts over a year.

Often, courts will require the parties to mediate the dispute. Mediation is a non-binding alternative dispute resolution method, in which the parties plead their case to a neutral mediator. The mediator will attempt to settle the case. Many, many cases are settled at mediation.

If mediation is unsuccessful, there is generally a period of time for filing what are called “dispositive motions,” the kind of motions that can dismiss a case before it even gets to trial. This can last several months.

After discovery and dispositive motions, cases are then placed on a trial calendar, in the order in which they arrive on the judge’s docket.

Depending on the number of weeks in the judge’s trial term, and the number of cases on the docket, the case my linger on the trial calendar from several weeks to several months.
The trial itself may take from as little as 3 days to a couple weeks.

If you or a loved one have been involved in a nursing home or assisted living facility, and have question about how long it may take to receive compensation, it is very important that you call and speak to one of our experienced injury lawyers today.

For a free legal consultation, call (678) 823-7678

FAQs

• How long does it take to get a nursing home neglect case through the court system to settle out of court in Georgia?
  • It typically takes an average of 18 months to 2 years for a nursing home neglect case to go through the court system in Georgia. However, many cases are settled out of court through mediation before reaching trial.
• How long does it take to settle a nursing home lawsuit in Illinois?
  • The time it takes to settle a nursing home lawsuit in Illinois can vary. On average, it may take 18 months to 2 years, similar to Georgia. The duration depends on the complexity of the case, whether it goes to trial or is settled out of court through mediation.
• How long do you have to sue a nursing home in Florida?
  • In Florida, the statute of limitations to sue a nursing home is generally two years from the date the injury occurred or was discovered. However, there are exceptions, and it’s essential to consult with an experienced attorney to understand the specific timeframes and requirements. It’s crucial to take legal action promptly if you suspect nursing home abuse or neglect.
• How can a Georgia nursing home abuse lawyer help if I suspect abuse?
  • A Georgia nursing home abuse lawyer can assist in several ways:
    1. Assessment of Evidence: They can evaluate the evidence related to the suspected abuse, helping you understand the legal aspects of your case.
    2. Legal Guidance: Providing guidance on legal rights and protections, they can navigate the complexities of nursing home abuse laws in Georgia.
    3. Compensation Pursuit: They can pursue compensation for any damages or injuries incurred due to abuse or negligence.
    4. Accountability: A crucial role of the lawyer is to ensure negligent facilities are held accountable for their actions.

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