If a person has been abused at a nursing home and obligated pursuant to the Florida statutes to bring something called a notice of intent to sue against the nursing home or skilled nursing facility. The purpose of that is to provide a pre-suit, pre-litigation period to determine whether or not the case can be settled amicably. It is mandatory in Florida that the person cannot file a lawsuit until that pre-suit period expires.
If the person meets that pre-suit requirement, then they have the right to file a lawsuit for Tampa nursing home abuse. In addition, a number of nursing home facilities employ arbitration clauses and their initial contracts that try to remove a potential plaintiff’s ability to file a lawsuit against them in a court.
Tampa nursing home cases are complicated and there are a lot of pitfalls in nursing home cases. The reality is in Tampa nursing home abuse settlements damages especially economic damages are limited, so it is a balancing act of the value of the claim that the person believes can be secured versus the cost and time associated with procuring that settlement or that verdict.
Negotiating a Settlement
In Tampa nursing home abuse settlement negotiation, proving the injuries from the assisted living facility and attribute them to the defendant are used to determine length. They should take into consideration the injuries, the medical bills that have been expended and in treating the injury whatever that injury may be. They have to take into consideration the collectability of the facility of where they are potentially or the individuals with whom they are filing a lawsuit against. They need to understand exactly what it is that can be claimed and what it is that cannot.
They have to take into consideration the collectability of the facility of where they are potentially or the individuals with whom they are filing a lawsuit against. They need to understand exactly what it is that can be claimed and what it is that cannot.
A person who was abused in a Tampa nursing home to receive their settlement depends on no circumstances that it is less than 75 days because that is the pre-suit period in Florida but sometimes claims settle within that 75 days. Sometimes, unfortunately, they do not and either extensions are granted so parties can make additional discovery and evidentiary determinations based on the facts and the statements of witnesses.
How Settlement Value is Determined
The nursing home abuse settlement value is determined based on the economic and non-economic damages that are attributable to a particular facility or a particular injury that has been caused. A person should bring all the documents from the nursing home that anybody on behalf of the person that is allegedly injured has executed and they should also bring any powers of attorney and any documentation preventing that they have the right to speak for that person.
A lawyer who has experience in assisted living matters can guide the client and their family in determining what the appropriate calculations are, what the recoverable damages are, and the value of those claims. A lawyer is going to be able to guide someone and help them value their case and understand the burden necessary to prove their cause of action before a jury.
In Tampa nursing home abuse settlements, lawyers would be able to obtain documents, identify witnesses, and determine what claims can be brought and which claims are viable economically and what the best way are to approach either the facility or the insurance carrier of the facility.
It can be difficult to find witnesses for Tampa nursing home abuse settlements. Sometimes people that are working in these medical facilities are transient so it is hard to identify where they are. The difficulty in procuring medical records that are accurate and complete that, unfortunately, happens more often than not. Getting a claim ready sometimes is not a matter of getting it done quicker, but it is a matter of making sure it is done right.
Being organized and having whatever documentation is necessary for a person’s lawyer to have and to review. It always takes a lot of time when a lawyer is obligated to go searching for every stitch of paper that may exist in that particular allegation. It is also important to have good communication with the attorneys so that they know exactly what it is that is occurring and they can make decisions based on the information as they communicate with the family of the injured and the injured party themselves.