Settling vs. Going to Trial: What’s Best for Your Nursing Home Abuse Case?

When a loved one suffers from nursing home abuse or neglect, the emotional toll on the family can be overwhelming. Deciding to pursue legal action is a courageous step, but the journey doesn’t end there. You’re now faced with a critical decision: Should you settle the case out of court, or take it to trial? This decision can significantly influence the outcome of your case, the time it takes to resolve, and the compensation you might receive.

In this blog post, we will delve into the advantages and disadvantages of settling versus going to trial in a nursing home abuse case in New Jersey. Our goal is to help you make an informed decision that best suits your circumstances and supports your loved one’s rights.

Understanding the Basics: Settlement vs. Trial

Settlement occurs when both parties agree to resolve the case without going to trial. Typically, the defendant (the nursing home or its insurance company) offers a sum of money to the plaintiff (the victim or their family) in exchange for dropping the lawsuit. Settlements are common in personal injury cases because they allow both parties to avoid the uncertainty of a trial.

Trial, on the other hand, involves presenting the case in front of a judge or jury, who will then decide the outcome. Trials are generally more time-consuming and expensive, but they can result in higher compensation if the plaintiff wins.

Why Settling a Nursing Home Abuse Case Might Be the Right Choice

Faster Resolution

One of the most significant benefits of settling is that it often leads to a quicker resolution. Trials can take months or even years to conclude, depending on the complexity of the case and the court’s schedule. In contrast, settlements can often be reached within a few weeks or months once both parties begin negotiations.

For families dealing with the emotional and financial strain of nursing home abuse, a quicker resolution can provide much-needed closure, allowing them to move forward and focus on their loved one’s recovery.

Lower Costs

Settling a case typically involves fewer legal fees and court costs compared to going to trial. Trials can be expensive, with costs including attorney fees, expert witness fees, court filing fees, and other expenses. These costs can add up quickly, especially in a lengthy trial.

By settling, you can avoid many of these expenses and ensure that a larger portion of the compensation goes directly to your loved one’s care or to compensate for their suffering.

Guaranteed Compensation

When you settle a case, you are guaranteed a specific amount of compensation. This certainty can be reassuring, especially in cases where the outcome of a trial is uncertain. Even if your case is strong, there is always a risk that a judge or jury may not rule in your favor.

A settlement provides a definite outcome, allowing you to avoid the unpredictability of a trial verdict and secure the financial support your loved one needs.

Less Stressful

Trials can be emotionally and mentally taxing, especially for families already grappling with the trauma of nursing home abuse. A trial often requires you to relive painful experiences and may involve extensive questioning and testimony. Settling out of court can spare you and your loved one the stress and emotional burden of a trial, allowing you to focus on healing and recovery instead of enduring a prolonged legal battle.

Going to Trial: When It’s Worth the Fight for Higher Compensation

Potential for Higher Compensation

While settlements offer guaranteed compensation, going to trial can sometimes result in a higher award. If the jury finds in your favor, they may award punitive damages in addition to compensatory damages. Punitive damages are intended to punish the defendant for particularly egregious conduct and can significantly increase the total compensation.

However, it’s important to note that the potential for higher compensation comes with the risk of receiving nothing if the trial does not go in your favor. This makes the decision to go to trial a calculated risk that must be carefully considered.

Public Accountability

Taking a case to trial can bring public attention to the issue of nursing home abuse and hold the facility publicly accountable for its actions. This can be particularly important if the abuse was severe or if the nursing home has a history of neglect or abuse.

A public trial can also lead to systemic changes within the facility or industry, potentially preventing future abuse of other residents. For some families, the opportunity to make a broader impact is a compelling reason to choose a trial.

Legal Precedent

A successful trial can set a legal precedent that may benefit future cases of nursing home abuse. By establishing case law, your trial can contribute to broader changes in how nursing home abuse cases are handled in the legal system.

This can be particularly important in cases where the law is unclear or where there is a need for greater legal protections for nursing home residents. Your case could potentially pave the way for stronger safeguards for vulnerable individuals.

Sense of Justice

For some families, the sense of justice that comes from a trial verdict can be invaluable. A trial allows you to present your case fully, have your day in court, and receive a formal acknowledgment of the harm done to your loved one.

This sense of justice can be an important part of the healing process and can provide closure that a settlement may not offer. Knowing that you stood up for your loved one’s rights can be a source of lasting comfort.

Key Considerations Before Deciding Between Settlement and Trial

Strength of Your Case

One of the most critical factors in deciding whether to settle or go to trial is the strength of your case. If you have strong evidence of neglect or abuse, such as medical records, witness testimony, or video footage, you may be more confident in pursuing a trial. However, if the evidence is weak or if there are uncertainties, settling may be the safer option.

Financial Needs

Consider your immediate financial needs when making your decision. If your loved one requires ongoing medical care or if you are facing significant expenses due to the abuse, a settlement can provide quick financial relief. However, if you are willing to take on the risk and potential delay for a larger payout, a trial might be worth considering.

Willingness to Endure a Trial

Going to trial requires time, energy, and emotional resilience. It’s important to assess whether you and your loved one are prepared to endure a potentially lengthy and stressful legal process. If the prospect of a trial is overwhelming, settling may be the more practical choice.

Goals for the Case

Consider what you hope to achieve with your case. If your primary goal is to secure compensation and move forward, settling may be the best option. However, if you want to make a public statement or set a legal precedent, going to trial may be necessary.

Weighing Your Options for the Best Outcome in a Nursing Home Abuse Case

Deciding whether to settle or go to trial in a nursing home abuse case is a complex and deeply personal decision. Each option has its advantages and potential drawbacks, and the best choice will depend on the specifics of your case and your goals. Consulting with an experienced attorney can provide you with the guidance and support you need to make an informed decision.

Contact Sugarman Law: Your Path to Justice Starts with Skilled Legal Guidance

Making the decision to settle or go to trial in a nursing home abuse case can be overwhelming, but you don’t have to face it alone. At Sugarman Law, we understand the complexities of these cases and are dedicated to providing you with the personalized guidance you need. Whether you’re seeking a swift resolution or aiming for justice in court, our experienced attorneys will help you navigate every step of the process, fighting for the justice your loved one deserves. Contact us today for a free consultation to discuss the best path forward for your case.