How Long Does it Take to Settle a New Mexico Nursing Home Negligence Case?
If you have an elderly loved one in a nursing home in New Mexico, you understand the heartache and worry that comes with trusting the care of a loved one to someone else. Unfortunately, nursing home abuse and neglect is a growing problem, and families must be diligent in monitoring and pursuing any wrongdoing. If your loved one has been neglected by a nursing home, call a lawyer at Carabin Shaw today to evaluate your New Mexico nursing home negligence case and fight for the compensation you deserve.Statute of Limitations
If your loved one has been abused at a nursing home, you may be wondering, how long does it take to settle a New Mexico nursing home negligence case? Do I need an attorney? Our experienced New Mexico elder abuse lawyers are experts on nursing home abuse cases and will walk you through each step of your case. Each case is unique, but the following information will give you an idea of how long it takes to settle a nursing home negligence case on average.
Nursing home negligence cases are personal injury cases, which have a statute of limitations of three years. You have three years from the occurrence of the negligence to file a lawsuit, but your lawsuit does not have to be settled on the same timeline. New Mexico attorneys specializing in nursing home negligence will assess the specifics of your case and advise you on how it might differ from the average case. Knowing the steps you and your attorney can take in your nursing home negligence suit will help you plan for the future.Filing and Discovery
Once you’ve discussed your New Mexico nursing home negligence case with our attorneys and decided to file suit, you’ll begin the process by filing a complaint with the appropriate court. The case then enters discovery. Discovery is a period of time for each to gather evidence. Don’t worry, your lawyer will walk you through your role in discovery, which might include depositions of family members and nursing home employees and representatives, gathering reports of the negligence made by you and your family and medical records pertinent to your case. The discovery phase can last six months or more, depending on the complexity of your case.Settlement Offers
Keep in mind that you might receive a settlement offer at any point. Your New Mexico elder abuse lawyers will always go over each settlement offer with you and explain what happens if you accept it. The agreement you sign when you admit your loved one to a facility in New Mexico might include a provision for mandatory arbitration, which means you’ll be required to attempt to settle the case before going to trial. You probably won’t be offered an amount as high as you would be awarded if you won at trial, but settling removes the uncertainty of both the outcome and length of a trial. Ultimately, it’s up to you to decide if accepting a settlement is the right decision at any point in the process.Trial
While our expert nursing home negligence lawyers serving New Mexico are always prepared to try your case in front of a judge or jury, settling before the case gets to trial is very common. If you don’t receive an offer to settle or the settlement offer isn’t worth taking, your case will go to trial after discovery. The length of time a trial takes is very dependent on the circumstances and complexity of your case. Factors include whether there are other victims of negligence in the same nursing home and the extent of the abuse and neglect. A trial can take anywhere from a few days or a week to many months and the decision can take a similar amount of time.Free Initial Consultation
If you think you have a New Mexico nursing home negligence complaint, contact the attorneys at Carabin Shaw as soon as possible at 800-862-1260. We’ll provide you with a free consultation to assess your case and fight for the compensation you deserve.