When facing the prospect of legal action after the loss of a loved one in a nursing home or assisted living facility, it can be beneficial to understand how long a nursing home wrongful death settlement may take. It is important to ensure that you make informed decisions about your family’s next steps. Sadly, wrongful deaths in nursing homes are alarmingly common—and, in these cases, taking legal action is crucial not only to ensure that your family has the financial resources it needs for the future, but also to help protect other residents who might be susceptible to neglect or abuse.
Making informed decisions starts with knowing what you can expect if you decide to move forward. This includes knowing how long it is likely to take for your family to obtain a wrongful death settlement. So, what can you expect?
Here’s an overview of what you need to know:
The first thing we want to make clear is that a wrongful death settlement is not guaranteed. While many nursing home wrongful death cases result in out-of-court settlements, there are several factors that go into determining not only how long your family’s claim will take, but also whether your family has a claim at all.
This makes it important to speak with a nursing home abuse lawyer as soon as possible. When you hire a lawyer, your lawyer will work quickly to assess the situation and determine what evidence is available. Based on this evidence, your lawyer will be able to provide a recommendation as to whether your family should file a wrongful death claim; and, at this point, your family’s lawyer will be able to provide a preliminary assessment of the likelihood of securing a settlement as well.
Filing a nursing home wrongful death claim usually involves dealing with the nursing home’s insurance company. When dealing with an insurance company, one of the first steps toward securing a settlement is convincing the insurance company to acknowledge liability. Once it acknowledges liability, then the focus can shift to determining how much the insurance company will pay.
With this in mind, the amount of time it takes to establish liability is a key factor in determining how long it will take to secure a settlement (if a settlement is on the table). When we represent families in nursing home wrongful death cases, we prioritize establishing liability as quickly as possible.
Getting to the settlement table is a key step, but at this stage settlement negotiations can still last anywhere from days to months. The amount of evidence available is a key factor—this applies not only to evidence of liability, but also to evidence of how much your family is entitled to recover.
In nursing home wrongful death cases, settlements can often be substantial. Before you consider accepting a settlement offer, it is critical to ensure that you know how much you and your loved ones are entitled to recover. Even if it takes time to negotiate a fair settlement offer, the time and effort you put in will be well worth it in the end.
Another important factor to consider is that it is up to you and your family to decide when (and if) to settle. You don’t have to settle your claim—and you shouldn’t settle your claim if the nursing home’s insurance company isn’t offering a fair settlement. When we represent family members in nursing home wrongful death cases, we help them make informed decisions about settlement, and we make clear that they have the final say on how and when they decide to resolve their case.
At some point, it may make sense to take your case to court. But, if this happens, settling your case could still be a very real possibility. Sometimes, it simply takes proving that you are prepared to fight for your legal rights to convince the insurance companies to offer a fair settlement.
If you need to know more about filing a nursing home wrongful death claim in Wisconsin, we strongly encourage you to get in touch. Our nursing home abuse lawyers have substantial experience handling these difficult cases. We understand the hardships you may be facing and we are committed to helping your family move forward with dignity.
Please call 608-268-0268 or contact us online to arrange a FREE case evaluation today. Our office in Madison serves clients throughout Wisconsin.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
