Can we settle a nursing home abuse case outside of court?
An out-of-court settlement is one of the many ways of solving a nursing home abuse case. However, for this system to work, both parties must be willing to cooperate to find an amicable solution.
At Morgan and Morgan, we can help you reach an out-of-court settlement with a nursing home if you or your beloved is a victim of abuse. But first, we will need to understand the specifics of your case. That is why we recommend that you contact us for a free, no-obligation case evaluation.
Can I Represent Myself in an Out-of-Court Settlement Negotiation?
No law requires you to hire an attorney to represent you in or out of court. However, not working with an attorney, especially during an out-of-court settlement negotiation, could jeopardize your case. This is because nursing homes usually have some sort of insurance to protect them from these kinds of cases. For this reason, when negotiating out of court, chances are you will come up against the other party’s insurance representatives.
And if you have dealt with insurance companies in the past, you know that they are not as straightforward as you would want them to be. Rather, they will always prioritize their interests. In this case, their interest is to avoid paying the full settlement you are entitled to. And given that you do not have an attorney fighting for you, the other party could take advantage of your situation to propose a lowball settlement or refuse to settle altogether.
Should I Accept a Settlement Offer From a Nursing Home?
The answer to this question depends on the specifics of your case. While the primary goal of an out-of-court settlement is to resolve the case amicably, sometimes the other party could take advantage of the situation. This is especially true if you do not have an attorney representing you.
Suppose you are a victim of nursing home abuse and have suffered significant injuries from the abuse. In that case, it is not advisable to accept a settlement offer without consulting an attorney.
At Morgan and Morgan, our attorneys will review every detail of your case, including the damages suffered, and place a dollar value on it. Therefore, when the negotiations begin, we will negotiate knowing what you are entitled to. The goal is to ensure you receive a fair settlement, not a lowball offer.
What If the Other Party Refuses to Settle Out of Court?
That would not be the first or last time this is happening. Not every out-of-court settlement negotiation ends in an agreement. Sometimes, the only agreement that derives from these negotiations is that both parties will see each other in court in a couple of weeks. That is completely fine with us.
Going to court might be necessary if the other party is unwilling to settle out of court.
Will Morgan and Morgan Attorneys Represent Me in Court?
One of our biggest strengths as a personal injury law firm is our ability to pursue cases up to the very last end. Of course, if you have a valid claim against the other party and are unwilling to settle out of court, they will see us in court.
In fact, we require our attorneys to handle a certain number of cases in court every year. As a result, switching from an out-of-court negotiation to an in-court will not prevent us from fighting for the compensation you need and deserve. On the contrary, it motivates us to keep fighting even harder.
Is It a Good Idea to Sign an Agreement Before Negotiating a Settlement?
Do not sign any agreement without consulting an attorney, especially if you do not understand its contents. This could be one of the many tactics insurance companies use to trick claimants into accepting lowball offers. Remember, once you sign a release of settlement agreement, you cannot sue the other party over the same injuries.
In other words, the case will be as good as dead.
If you are not sure what a particular agreement entails, you are free to request some more time to consult an attorney. And if they force you to sign or act like it is urgent, that is one more reason not to sign.
Why Should I Settle Out of Court?
You do not necessarily need to settle a nursing home abuse case out of court. However, settling out of court has some benefits, as discussed below.
Firstly, you do not have to worry about lengthy court processes. Depending on the nature of your claim, an in-court case might require your presence several times. Bear in mind that these cases could drag along for years, making the whole process not only frustrating but also cumbersome to keep up with.
An out-of-court settlement means fewer legal expenses for both parties involved. For example, they do not have to worry about court fees, court paperwork, costs of paying for witnesses, conducting discovery, and other related expenses.
Out-of-court settlements are also less stressful because you do not have to worry about court battles and other processes required to pursue such a claim in court.
Perhaps, the biggest advantage of settling out of court is that the outcome is almost predictable. If the other party agrees to settle, you will almost be guaranteed to receive compensation. On the other hand, court cases are usually unpredictable. Because the judge is the ultimate decider, the outcome could swing either way.
Let Morgan and Morgan Lawyers Negotiate for You
At Morgan and Morgan, our attorneys can fight for you in and out of court if you are a victim of nursing home abuse. Fill out this free case evaluation form to get started.