The Nursing Home Abuse Lawsuit Process You Need to Know

November 4, 2022 Personal Injury

elderly couple

If you or a loved one has been injured in a nursing home, you may wonder how long it will take to settle your lawsuit. The answer to this question depends on several factors, including the severity of the injuries, the number of defendants, and the amount of insurance coverage.

Nursing Home Abuse Lawsuit Process

Initial Case Review

A nursing home lawsuit is a legal claim filed against a nursing home for negligence or abuse. The lawsuit process begins with a free consultation with an experienced lawyer. During this consultation, you will explain the details of your case and your side of the story. Your lawyer will assess the merits of your claim and explain your rights and legal options. Once you and your attorney agree to move forward with your claim, your lawyer will begin to build your case, starting with a thorough investigation.

Case Investigation

After you and your attorney agree to move forward with your claim, your lawyer will begin to investigate your case. This investigation will include interviews with witnesses, a review of medical records, and a review of the nursing home’s policies and procedures. Your lawyer will use this information to identify the nursing home’s negligent or abusive actions and build a strong case on your behalf.

Filing a Lawsuit

Your lawyer will file a lawsuit if the nursing home does not resolve the issue. The lawsuit will be filed in the appropriate court, usually, the state court where the nursing home is located. The lawsuit will include a description of the negligent or abusive actions of the nursing home and the damages you have suffered.

The nursing home will have an opportunity to respond to the lawsuit. They will likely argue that they were not negligent or abusive and that you are not entitled to damages. The court will then hold a trial to determine if the nursing home was negligent or abusive and if you are entitled to damages.

Discovery Stage

After the lawsuit is filed, the attorneys for both sides will have an opportunity to obtain information from the other side. This process is known as discovery. The attorneys can get documents, take depositions, and issue subpoenas to obtain information.

Negotiate for a Fair Settlement

After both sides have gathered information, the attorneys will try to negotiate a settlement. If both sides agree to settle, the case will be resolved without going to trial.


The case will go to trial if the parties cannot reach a settlement. The jury will hear evidence and testimony from both sides. The jury will then decide if the nursing home was negligent or abusive and if you are entitled to damages.

If you win your lawsuit, the jury will award you damages. The amount of damages you receive will depend on the severity of your injuries and the amount of pain and suffering you have endured.

Wrapping Up

Nursing home lawsuits can take a long time to settle, depending on the complexity of the case and the number of parties involved. A number of factors can influence how long a case will take to resolve, including the jurisdiction in which it is filed, the availability of expert witnesses, and the amount of discovery required. 

Although there is no definitive answer as to how long a nursing home lawsuit will take to settle, it is important to be aware of the potential timelines involved to decide whether to file a lawsuit.

Do you need a competent attorney for nursing home abuse? Circeo Law Firm is an award-winning Kentucky injury law firm. Get in touch with us for a free consultation.