If you or a family member were injured as a result of someone’s negligence, in the course of your case, you would make the ultimate decision to either settle or go to trial. Your attorney can help you understand your case and is beneficial in making recommendations to either accept or decline the settlement.

Ultimately, though, it is the client and the family’s decision. An experienced nursing home neglect attorney, if they do not think the settlement is enough, they would recommend they continue to fight and continue to push so that the nursing home is held accountable. If the client wants to settle their nursing home abuse case they have every right to choose that. However, if agree the money is not enough, they can keep fighting and keep pushing until ultimately, deciding to go to trial in their Cherry Hill nursing home abuse case.

Settlement Considerations

There are a lot of factors that go into whether or not someone should consider settlement or trial in their Cherry Hill nursing home abuse case. The important thing is looking at the liability picture, what was it that happened, how much of a deviation from the standard of care it is, and the other various factors go into, including the damages, the injuries, the economic losses, including medical bills, lost wages, and future medical treatment.

When looking at the settlement offer, the settlement offer is fair in light of all of that and the nursing home has accepted responsibility for their actions, then it may make sense to settle the case. A time when it does not make sense to settle the case is when the nursing home and the insurance company are offering a number that is nowhere near what seems fair in light of the situation.

If they are refusing to acknowledge their fault, if they are refusing to make it right for what they did, then they should not consider a settlement, but if they are trying to make a good faith effort to resolve it and acknowledge the negligence on their behalf, then it makes sense to consider it, and the family or the injured party will be deciding to go to trial in a Cherry Hill nursing home abuse case.

Role of an Attorney

It is always the client and the family deciding to go to trial in a Cherry Hill nursing home abuse case, but the nursing home abuse lawyer can utilize their experiences and cases they have handled in the past to get a general idea of what they feel a fair settlement offer would be. An attorney can make those recommendations to clients.

What is interesting in the state of New Jersey is a lot of people do not realize until they have a lawsuit that an attorney does not have the ability under the rules of court to tell a jury how much money they are looking for so when they go in front of that jury, they cannot give them guidance on what they feel the case is worth. That jury needs to come up with that number entirely on their own. Sometimes the jury may think they are doing someone a huge favor and offering a number that they do not think is fair.

Other times, they may offer a crazy high number. That is what they need to do as Cherry Hill nursing home abuse attorneys look at the experience and the clients that they represented in the past and cases that they have studied in the past to try and get a general estimate or an understanding of what they feel a fair number would be. Then, they would provide that to the family and the client with the settlement offer. They try to make that decision of whether or not they should accept it.

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