Do You Have to Go to Court to Get Compensation for Elder Abuse?

If you or someone in your family is the victim of elder abuse, you need to consult with an elder abuse lawyer for help. Consumer Reports indicates elder abuse can cost anywhere from $3 billion to $36 billion a year.  The losses from abuse can be devastating and those who are responsible for causing the harm need to be held accountable.  

The process for getting compensation for elder abuse can be a complicated one, and many people are concerned about the impact that this will have on an already vulnerable senior and on a family that has been rocked by the abuse.  In particular, there are often concerns about whether it will become necessary to go to court in order to receive compensation for abuse.

While going to court can sometimes make it possible to get more compensation, you are never required to go to court. You can file a claim and try to settle and could walk away from the case if forced to go to court, although this is not an advisable option.

You don’t want to miss out on the chance to be compensated or to hold the nursing home liable for its actions.  If you are concerned about ending up in court, the best thing you can do is to get help early on from an Irvine elder abuse lawyer.  Brown & Charbonneau, LLP is here and ready to advocate for you.

Do You Have to go to Court for Elder Abuse Compensation?

If you or someone you love has been the victim of elder abuse, tort laws make it possible for you to obtain compensation. If you can prove the extent of the injury you have experienced and show that the nursing home was at fault through negligence or intentional wrongdoing, you should be fully compensated and made whole for all resulting damages.

The process by which tort laws give victims of abuse the right to get compensation for their damages is through the filing of a civil lawsuit. Civil courts, which are separate from criminal courts, let people resolve personal grievances like claims of abuse. In a civil court case, a plaintiff files suit, proves the defendant caused him harm, and shows the extent of damages. If the jury believes that the defendant should be held accountable, the jury can award damages to the plaintiff.

Just because a civil court case is the mechanism by which elder abuse cases are resolved does not mean that you necessarily have to go to court to resolve every claim. Defendants often prefer to resolve cases outside of court, just as plaintiffs do.

Defendants may want to resolve a claim through a settlement because they do not want the bad publicity associated with a lawsuit or because they are concerned about incurring high legal costs. Defendants may also be worried a jury will be overly sympathetic to a plaintiff and award a huge amount of compensation. Settling can provide certainty, and can help defendants pay less for lawyers.

As the abuse victim, settling cases outside of court gives you the chance to ensure you get at least some compensation for losses. It can also mean a quicker resolution to your abuse claims and that you will not have the stress of a trial.

However, it is up to you if you want to accept a settlement offer that is made. If you accept the money you have been offered, you will give up your right to sue and will not be able to pursue further claims against the nursing home. You shouldn’t let your desire to avoid court cause you to miss out on compensation you could receive, and you should always talk with an elder abuse lawyer before accepting a settlement to make sure it is fair to you.

How can an Irvine Elder Abuse Lawyer Help You?

An Irvine elder abuse lawyer at Brown & Charbonneau, LLP can provide assistance in putting together the strongest possible case so you can hopefully encourage the insurer and/or nursing home to offer you a favorable settlement. When we represent you from early on in the process, we can assist with getting solid evidence and sending an appropriate demand letter to the insurer. This will maximize the chances an agreement can be reached that provides full compensation.

If you do not end up reaching a settlement, our litigators are skilled in convincing juries to award damages to elder abuse victims. We know how to make compelling arguments in a courtroom and we will work to ensure that your trial is as smooth and stress free as possible.  Give us a call today at 866-237-8129 or contact us online to learn more about the ways in which we can fight for you to get compensation for elder abuse.