Cherry Hill Nursing Home Abuse Trials
Before any nursing home abuse case gets to trial, there is litigation that needs to be conducted so that the attorney can conduct discovery. Within the discovery process, a lawyer will request documents, ask interrogatory questions, and take depositions. By the time trial is reached, it is because there has not been a fair settlement offer, and an attorney has to take the prosecution to trial to hold them accountable in front of a jury of their peers.
If you are looking to bring forward a claim of nursing home abuse on behalf of a loved one, it is crucial to contact a Cherry Hill lawyer as soon as possible. A knowledgeable attorney can help you legally navigate the Cherry Hill nursing home abuse trial that will surely ensue.
Length of Trial
A Cherry Hill nursing home abuse trial can take a long period of time, some up to several months. However, some trials may only take days. This all depends on the number of witnesses that are needed in the trial. Both include fact witnesses, people who may have information with regard to the facts of the case, and expert witnesses. An attorney needs liability experts to talk about what the nursing home facility did or did not do and how that deviated from the standard of care.
Also, a lawyer would need damages experts to discuss the extent of the injuries, as well as economic experts to talk about the medical bills, the future medical expenses, and lost wages. All of these factors will come into play, and depending on the circumstances of the case, the number of expert witnesses may vary, the amount of evidence needing to be prepared will vary, and how long the case can take may fluctuate.
Multiple Plaintiffs and Defendants
When there are multiple plaintiffs or multiple defendants in a Cherry Hill nursing home abuse trial, it can extend the trial process, because things need to be done more than once. When dealing with multiple plaintiffs, there could be multiple injuries to each plaintiff, so the case has to be presented in a certain way. When dealing with multiple defendants, the lawyer may have the nursing facility and outside doctors that would be responsible.
An attorney must have experience in handling these types of cases because when presenting to the jury, they have to do it in a way where every defendant is being focused on. A lawyer will focus on what the client did, what they could have done differently, and with various experts. With multiple defendants, a lot of times, there are multiple experts from different medical fields.
Process of Trial
When a person is pursuing a nursing home abuse case in Cherry Hill, they are the plaintiffs. The injured party is the plaintiff which means they carry the burden of proof. When they go to a trial, because they carry the burden of proof, the court allows them to give the opening statement first. The plaintiff goes first, and then the defendant would give an opening statement. After opening statements, because the plaintiff has the burden of proof, they would present their case.
By presenting their case, they would present witnesses and evidence. Following the plaintiff’s case after rest, the defendant has an opportunity to provide their case and to defend against the alleged actions. After the defendant’s case, there would then be closing arguments. In the closing argument, the defendant goes first, and the plaintiff goes second.
After the closing arguments are done, the judge would then instruct the jury with what is called jury charges about how they are supposed to view the evidence and how they are supposed to deliberate. Then, the jury goes into the back to deliberate.