A nursing home lawsuit can take anywhere from several months to several years, depending on the facts of the case, the severity of the injuries, and whether the parties reach a settlement or proceed to trial.
Families often want to know how long a nursing home lawsuit takes after discovering signs of abuse, neglect, malnutrition, falls, bedsores, medication errors, or a wrongful death. The answer depends on many case-specific factors.
Our Chicago nursing home abuse and neglect lawyer helps families understand their legal options after an injury or loss in a nursing home. We guide them when a care facility or insurance company begins investigating a claim. These investigations often involve reviewing records, gathering information about the incident, and evaluating the damages being claimed.
What Factors Can Affect How Long a Nursing Home Lawsuit Takes?
Every case follows its own timeline. Several factors can affect how long a nursing home lawsuit may take, such as:
- How serious the resident’s injury is
- Whether the case involves a death
- How many medical records need to be reviewed
- Whether family members, staff members, or other witnesses have information about what happened
- Whether more than one person or entity may be responsible
- Whether the nursing home denies wrongdoing or liability
- How quickly the court is moving cases through the system
- Whether the parties reach a settlement
Cases involving catastrophic injuries or wrongful death often require additional investigation and expert review.
What Happens Before a Lawsuit Is Filed?
A lawsuit is usually not the first step. Before filing suit, an attorney from our team may:
- Obtain medical records
- Review nursing home records
- Interview witnesses
- Examine inspection reports
- Consult medical experts
- Calculate damages
This investigation helps determine whether the nursing home, staff members, management company, or another party may be legally responsible. Depending on the circumstances, this stage may take weeks or several months.
How Long Do Settlement Negotiations Take in Nursing Home Cases?
Some claims settle before a lawsuit is filed. Others settle after the lawsuit begins. Settlement talks can happen at different times during the case. The timing depends on the facts, the injuries involved, and whether the nursing home or insurance company disputes the claim.
Some cases settle within a few months, but others take longer because additional records, documents, and information must be reviewed.
Does Every Nursing Home Lawsuit Go to Trial?
Not all nursing home abuse and neglect claims are resolved in court. Some parties settle them before trial. A trial may become necessary when the parties disagree about:
- What happened
- Who was responsible
- The value of the damages
- The extent of the injuries
If a case proceeds to trial, the overall timeline generally becomes longer.
Can a Wrongful Death Nursing Home Lawsuit Take Longer?
It is possible. Wrongful death cases often involve additional damages and legal issues. Family members may need to establish the losses suffered as a result of their loved one’s death.
Expert testimony is also common in these cases, which may increase the amount of preparation required.
When Should You Hire a Lawyer for Your Nursing Home Lawsuit?
Many families contact an attorney shortly after discovering signs of abuse or neglect. Early involvement may help preserve evidence that could otherwise be lost.
Nursing home records, surveillance footage, electronic data, staffing information, and witness statements can become harder to obtain as time passes. An attorney from our firm will also handle communications with insurance companies, investigate the claim, identify potentially liable parties, and evaluate settlement offers.
What Damages May Be Available in a Nursing Home Lawsuit?
The damages available depend on the facts of the case. A claim may involve losses such as:
- Medical bills
- Future medical care
- Pain and suffering
- Disability-related losses
- Emotional harm
- The costs of moving the resident to another place
- Funeral and burial expenses in wrongful death cases
The evidence gathered during the case often plays a significant role in determining the damages being sought.
How Long Do You Have to File a Nursing Home Lawsuit?
Every state has laws that limit how much time a person has to file a nursing home injury or wrongful death lawsuit. The deadline depends on where the incident occurred and the type of claim being filed.
In Illinois, most nursing home injury lawsuits must be filed within two years under 735 ILCS 5/13-202. If the case involves a death, the Illinois Wrongful Death Act generally provides a two-year filing deadline under 740 ILCS 180/2.
Certain facts may affect the filing deadline. For that reason, families often speak with our Chicago personal injury lawyer team as soon as they suspect abuse, neglect, or another serious problem. If the applicable deadline expires before a lawsuit is filed, the claim may be barred.
Speak With Shore Law About How Long a Nursing Home Lawsuit Takes
Questions about how long a nursing home lawsuit takes often come up after a family begins exploring its legal options. If you are ready to learn what your rights are, we are here to help.
Shore Law investigates nursing home abuse and neglect claims throughout the Chicago area and works to uncover records, electronic evidence, and other information that may support a case.
If you believe a nursing home resident has been harmed, contact our office today for a free consultation. We will review the circumstances and discuss the next steps.
