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The Length of the Florida Nursing Home Abuse Settlement Process

The length of the Florida nursing home abuse settlement process often takes one to two years to reach a settlement or go to trial. Rarely do nursing homes agree to willingly part with their money right away. Few cases settle in the early stages. Most cases do not settle until at or near a trial date. If you require assistance with filing an injury claim or settle a case, consult with an experienced attorney today.

What has to happen before the lawsuit is even filed?

Before a nursing home lawsuit can be filed, the claimant must send notice by certified mail, return receipt requested, to each prospective defendant and wait 75 days. Florida’s presuit notice law says: “No suit may be filed for a period of 75 days after notice is mailed to any prospective defendant.” The facility and any other prospective defendants, or their insurers, use that period to evaluate the claim. The clock on the case starts before anything is filed in court.

The notice must identify the resident’s rights allegedly violated or the alleged departure from the standard of care, the negligence alleged, and a brief description of the injuries. It must be sent within the applicable filing period. During the 75-day period, that deadline is paused as to all prospective defendants. Families may be gathering records and working through pretrial investigations while the period runs. What those steps reveal may also shape discussions about settling a case. If you are considering filing a lawsuit, ask our firm when notice needs to go out and what information is still needed.

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Is there a deadline running while all this happens?

Yes. An action for damages under Florida’s nursing home law generally must begin within two years of the incident, or within two years of when it was discovered or should have been discovered with due diligence. Florida Statutes § 400.0236(1) says an action “shall be commenced within 2 years from the time the incident giving rise to the action occurred”. The resident and family may not know what happened right away, which is why the discovery date can matter. The same provision sets an outside limit of four years from the incident.

If fraudulent concealment or an intentional misrepresentation of fact prevented discovery of the injury, the period extends two years from when the injury is discovered with due diligence, but no later than six years from the incident. The filing deadline depends on the facts, including when the incident could have been discovered. This is why waiting to see how things go can cost families time they may need. Tell our firm when you first noticed a problem, even if you do not yet have every record.

Factors that Determine How Long a Case May Take to Settle

The issues that determine the length of time it may take to reach a settlement are:

How far out the trial is set
Depositions that need to be taken
Evidence that has not been fully discovered by one side or the other

Nursing homes often do not want to start a settlement process until expert depositions are taken and they know what evidence will be presented at trial. Most of the time, the dialogue opportunities are not there until there is a trial date and the impending threat of a jury verdict in front of them.

Issues that can Prolong a Settlement Process

Discovery issues where the defense refuses to provide key documents may prolong the settlement negotiations. Some courts are difficult to schedule hearing time. When there is an issue that needs to be resolved by a judge and one cannot get a hearing for four months. This delays everything else going on in the case. Another issue is the availability of witnesses and getting depositions taken. That can often create a big delay in moving the case along.

Cases involving several defendants may also take longer to settle. A lawsuit may involve the nursing home, its management company, and individual caregivers, depending on who was involved in the resident’s care. Depositions involving each party take time to arrange and complete, and finding a trial date that works for everyone may be harder. If several people or companies were involved in your loved one’s care, tell your attorney who they are early so they can account for that when discussing the timeline.

How to Prevent a Case from Lasting More than a Year

The most efficient way to ensure a case lasting no longer than a year is to work hard to get a trial date as soon as possible. That does not mean demanding a trial date one month after the complaint is filed. That does not leave the parties enough time to take all the depositions they need.

A person should have a plan with their attorney so they know that after the depositions are taken and they have the documents, a lawyer can ask the judge for a trial date and try to get the case resolved by a specific date. The individual may have an open dialogue with their attorney about the timeline to ensure the attorney remembers to keep pushing their case along.

How can a Florida Nursing Home Abuse Attorney Help?

In an effort to minimize the length of the Florida nursing home abuse settlement process, a nursing home abuse lawyer may expedite the case to make sure the litigation moves along. The defense attorney’s primary objective most of the time is to delay. A lawyer can schedule depositions and confirm that hearings are set timely and heard before the judge.

For assistance with settling a case, be sure to get in contact with an attorney today. A lawyer can obtain a trial date as quickly as possible and help you move on with your life.