Nursing Home Neglect FAQ's
How much will this cost me?
Morgan & Morgan will provide an advance for the litigation fees, and unless we recover compensation on your behalf, you owe nothing. Cases involving nursing home neglect can cost upwards of $150,000 if they go to trial, but the earlier a settlement is reached, the lesser the money spent on the case. Since every case is different, costs will vary as well. The cost factor is taken into account when deciding whether a case should be pursued and at what amount the case should be settled to make it worthwhile.
Can the case be settled out of court?
Yes. About 85 to 90 percent of cases are settled before they reach trial.
Why is the litigation process so drawn out?
Florida Legislature has implemented various laws after lobbying efforts by the healthcare industry. These laws created loopholes that our attorneys must work around so that it is permissible to file a lawsuit in court. It also takes time for consultants and testifying witnesses to review case data and evidence in order for them to provide an in depth testimony on our clients' behalf.
What portion of the final settlement am I entitled to?
You will bring home around half of the gross settlement, but this cost varies on a case by case basis and entirely is reflective of the litigation costs.
Should I transfer my loved one out of the nursing home being sued?
Of course, because otherwise you risk abuse out of retaliation by members of the nursing home staff.
Why do we have to pay Medicare and Medicaid back?
Based on federal and state legislation, Medicare and Medicaid are entitled to repayment of certain sums. Although our attorney's have no authority to undermine these laws, we do look into every legal route possible in order to minimize the total amount of funds that you owe Medicare or Medicaid.
Why won't anyone represent me even though I have substantial evidence of negligence?
From an economic perspective, we can't take on every case involving medical negligence; sometimes, the cost of litigation can exceed the amount of damages recovered.
How will I know if I have a legitimate case? If so, how much is it worth?
Cases are dissected by our expert staff, and they will determine whether it makes sense to file suit. In terms of case value, our attorneys can estimate what they may be worth based on experience. But in the end, the jury decides on the amount to be awarded if the case does not reach a settlement.
Why does an insurance company have the right to part of the settlement sum?
Just as Medicare and Medicaid has rights under Florida law to partial repayment of services, health insurance companies are allowed to recover funds allocated for medical expenses resulting from negligence of nursing homes and other healthcare providers. Our lawyers do not have influence over these laws, but they will do everything in their legal power to reduce the amount that these insurance companies ask to be reimbursed.
Do I have to notify other members of my family of a settlement if they had no involvement with the relative involved?
Under the laws of intestate succession or probate laws, all subjects eligible to receive the assets of an estate must be notified that a suit has been filed. However, by no means does this mean that they are entitled to any portion of the settlement. Eligibility to receive a share of the final sum is contingent upon variables such as specific claims pursued, specific claims for which a judgment is awarded, and the existence of a will, etc.
Why should an estate or guardianship be put in place?
A legal entity has to exist before legal proceedings can occur in any case. In the case of someone who has passed away, a personal representative of the deceased's estate must be appointed by a probate court. In the case of an inept senior citizen, a legal guardian must be appointed by the appropriate court.
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