If your elderly loved one experienced neglect and abuse when they should have gotten quality care, your family might decide to file a personal injury lawsuit. It is well within your rights to file such a case, even if criminal charges are being brought against the perpetrator. Knowing that the perpetrator faces criminal penalties for their actions is satisfying, but more may be necessary to help your family heal. This is where compensation from a personal injury case can be useful to your family. Here, I will discuss the major steps involved in a personal injury case that you should know if you would like to file one.
Preparing to File
If you are interested in filing a personal injury case, you should know that these cases can be lengthy and difficult. It can be hard for your loved one to relive their abuse over and over again throughout the course of the case. Proving fault can also be difficult, depending on your particular situation and the evidence that you’ve been able to gather. Before filing a personal injury case, it is a good idea to consider your odds of receiving compensation. A personal injury lawyer can help you determine how strong the case is and speculate about likely outcomes. While a lawyer can’t predict the future, they can give your family a good idea of what might happen during your personal injury case. Then, your family can decide if you want to proceed or not.
Filing and Establishing Evidence
If you want to file a personal injury case, you need to do so with the court. There is some paperwork that needs to be filled out and filed with the court. If you hire an attorney, they can handle this paperwork for you.
Even before you file, you should make sure that you have a solid case. Gather all of your evidence. This might include:
- Testimonials from staff or residents of the nursing home.
- Doctor’s reports of injuries.
- Photographs of injuries.
- Testimonies from depositions (which can occur once a case is filed).
- Police reports.
If you are working with an attorney, they can help you organize your evidence and make sure that your family has the strongest case possible.
Settling or Going to Court
Many personal injury cases settle. This is because people or corporations accused of personal injury oftentimes want to avoid the stress and financial burden of going to court. In order to avoid these issues and possibly having to pay more money, they might want to settle the case.
Settlement negotiations generally take place between both parties and their attorneys. Both parties work to come to a fair agreement regarding how much compensation to pay in the case. It is very likely that your family will be offered a settlement in your loved one’s personal injury case. Make sure that you review the settlement offer with an attorney before you accept or decline. An attorney can advise you on if it is best to take the money or take the case to court.
Although you can go through a personal injury case without legal representation, it is in your best interest to seek the help of a personal injury attorney. This will make sure that your family is treated fairly and it will take a lot of the stress off of you during the process.