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How Long Does a Pennsylvania Nursing Home Lawsuit Take?

Offered by Hal Waldman & Associates

Learn how nursing home lawsuits work and how an attorney can guide you through the process

Placing your loved one in a nursing home can be a difficult decision. While we typically trust nursing home staff and administrators to provide quality care, they sometimes don’t meet that standard. When a loved one suffers harm or dies in a nursing home due to negligence, you may be considering legal action to seek justice, accountability, and financial compensation. 

While this process can be time-consuming and emotionally taxing, a Pennsylvania nursing home abuse and neglect attorney can fight for the best possible outcome. If you want to find out if you’re eligible to file a nursing home lawsuit, contact a verified attorney in your area today to schedule a free and confidential consultation. 

What factors influence the duration of a nursing home lawsuit?

Several elements can impact how long a nursing home lawsuit takes in Pennsylvania, including:

  • How complex the case is: Some cases involve straightforward incidents, while others may require extensive investigation and expert testimony.
  • Severity of injuries or damages: More serious injuries often lead to longer cases due to the need for comprehensive medical evaluations and long-term prognosis assessments.
  • Willingness of parties to negotiate: If both sides are open to settlement discussions, the case may be resolved more quickly. However, if either party is unwilling to negotiate, the lawsuit may proceed to trial.
  • Court schedules and backlogs: The court's caseload where the lawsuit is filed can significantly affect the timeline. Busier courts may have longer wait times for hearings and trial dates.

How long does the pre-lawsuit investigation phase take?

The pre-lawsuit investigation phase typically lasts between one to six months. Your attorney will gather key evidence to build your case during this time. This includes collecting medical records, incident reports, and any available documentation of the alleged negligence or abuse.

Your lawyer may also consult medical professionals or nursing home care experts to review the case and provide opinions on the standard of care. Based on the evidence and expert opinions, your attorney will assess the likelihood of success and the potential value of the lawsuit. This phase lays the foundation for the entire case.

What is involved in filing the lawsuit?

Filing the lawsuit typically takes one to two months. During this phase, your attorney will prepare a detailed legal document outlining your allegations against the nursing home. The complaint is then filed with the appropriate Pennsylvania court, which initiates the lawsuit.

The nursing home and any other named defendants must be formally notified of the lawsuit through a process called "service of process." This is the formal delivery of legal documents to the defendant, which officially notifies them of the lawsuit and allows them to respond.

How long does the discovery phase last?

The discovery phase is often the longest part of a nursing home lawsuit, which usually lasts between six to twelve months. During this time, both sides exchange documents. This includes medical records, internal policies, staff records, and any other relevant information.

Then, witnesses, including nursing home staff, medical professionals, and family members, give sworn testimony. Additionally, parties may send interrogatories and requests for admission to gather additional information.

The discovery phase can extend if there are disputes over document production or if new evidence comes to light that requires further investigation.

What happens during pre-trial motions and negotiations?

Pre-trial motions and negotiations typically span two to six months. This phase includes:

  • Motion practice: Attorneys may file various motions with the court, such as motions to dismiss certain claims or to exclude specific evidence.
  • Settlement negotiations: During this phase, the parties involved often engage in settlement discussions as they gain a clearer picture of the case's strengths and weaknesses.
  • Mediation attempts: Many Pennsylvania courts require parties to attempt mediation before proceeding to trial. If successful, this process can lead to quicker resolutions.

How long does the trial preparation and trial phase take?

If the case proceeds to trial, this phase usually lasts one to four weeks. It involves:

  • Jury selection: Attorneys from both sides work to select an impartial jury.
  • Presenting evidence and witnesses: Each side presents its case through documents, testimony, and expert opinions.
  • Closing arguments and verdict: Attorneys summarize their cases, and the jury deliberates to reach a verdict.

What about post-trial motions and appeals?

If either party is dissatisfied with the trial outcome, they may file post-trial motions or appeals. This process can add another three to eighteen months to the timeline. Either party may request a new trial or challenge specific aspects of the verdict. If an appeal is filed, it moves to a higher court for review, which can significantly extend your case's duration.

How can settlements affect the lawsuit timeline?

Settlements can shorten the timeline of a Pennsylvania nursing home lawsuit. A case might settle at any point, from the pre-lawsuit phase to during trial. 

However, settling also means potentially accepting less compensation than what might be awarded at trial. Your attorney can help you weigh the pros and cons of settling versus proceeding to trial. They can also determine how much money you’re truly eligible for before the settlement process begins.

What is the average timeline for nursing home lawsuits in Pennsylvania?

While every case is unique, most Pennsylvania nursing home lawsuits take between one to three years from start to finish. Some factors that may extend this timeframe include:

  • Particularly complex cases involving multiple defendants.
  • Severe injuries requiring extensive medical documentation.
  • Uncooperative defendants or disputes over evidence.
  • Court backlogs or scheduling conflicts.

On the other hand, factors that may shorten the timeline include:

  • Clear-cut evidence of negligence or abuse.
  • The willingness of both parties to negotiate in good faith.
  • Efficient case management by attorneys and the court.

How can an attorney help with the lawsuit process?

Seeking legal help from an experienced Pennsylvania nursing home abuse and neglect lawyer can significantly impact your case's progression. An attorney is familiar with local courts and legal procedures, which helps you avoid unnecessary delays. Your lawyer will also manage all aspects of your case. That includes everything from the initial consultation to litigating your case if necessary.

What should I expect during a nursing home lawsuit?

First and foremost, be prepared for the emotional challenges that come with pursuing a nursing home lawsuit. Revisiting the circumstances of your loved one's injuries or wrongful death can be difficult.

Additionally, while your attorney will handle most aspects, you may need to participate in depositions or provide information. The legal process can be lengthy, and it's important to remain patient.

To help make the process easier, your attorney should keep you informed about your case's progress and any significant developments. Be prepared for the possibility of settlement discussions or even trial, depending on how your case unfolds.

What are some tips for managing the lawsuit timeline?

To help manage the timeline of your Pennsylvania nursing home lawsuit, you should:

  • Provide all requested information promptly to your attorney.
  • Be available for meetings, depositions, or court appearances as needed.
  • Stay organized by keeping all documents and communications related to the case in one place.
  • Maintain open communication with your attorney about any concerns or questions.
  • Prepare for the possibility of a lengthy process but remain open to earlier resolution opportunities.

What should you do if you want to sue a nursing home?

If you believe your loved one has suffered harm in a Pennsylvania nursing home and are considering legal action, it’s important to act fast and take your case seriously from the start.

Here are some tips on how to protect your loved one’s rights and begin building your case:

  • Keep detailed records of incidents, communications with the nursing home, and medical treatments.
  • Ensure your loved one receives proper care for any injuries or health issues as soon as possible.
  • Consult with an experienced, verified attorney in your area who has experience handling nursing home abuse and neglect cases.
  • File your nursing home lawsuit within Pennsylvania’s two-year statute of limitations. 

Contact a verified Pennsylvania nursing home attorney today

If your loved one has suffered harm in a Pennsylvania nursing home, you may feel overwhelmed and unsure about what steps to take next. The legal process can be lengthy and challenging to understand, especially when you're dealing with the emotional toll of your family member's injuries or death.

That's why it's important to seek guidance from an experienced Pennsylvania nursing home abuse and neglect lawyer who can help you explore your potential options and protect your family’s rights. A lawyer can also evaluate your case, explain the legal process, and help you make informed decisions about the best way to proceed.

Negligent nursing homes and the insurance companies that represent them may go to great lengths to cover up any wrongdoing to reduce their liability. However, with a skilled attorney on your side, you can level the playing field and fight back. Don't hesitate to contact a verified Pennsylvania nursing home lawyer for a free consultation – it could be the first step toward securing justice and peace of mind for your family.

Nursing Home Abuse and Neglect
Hal Waldman & Associates
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Located in Pittsburgh and serving clients throughout Western PA, the attorneys at Hal Waldman & Associates handle cases involving nursing home abuse and neglect, assisted living a...