When your Illinois family places a loved one in the care of a nursing facility, it is with the assurance that he or she will get the care and support needed. It can be devastating to learn that the nursing home failed in this obligation to your family member. Neglect in a nursing home is unacceptable, and it is appropriate to move forward with legal action, if necessary.
If your loved one suffered the physical, emotional and mental effects of nursing home neglect, you may wonder what you can do to fight back. By filing a civil claim, you can pursue financial compensation for your loved one and hold liable parties accountable. In some cases, you may receive an offer of a settlement agreement.
When is it the right choice to settle?
When you receive a settlement, it can be very tempting to take it with no questions asked. However, it is important to consider that insurance companies and other parties do not have your interests or those of your loved ones in mind. They may be seeking to settle for less than your case is actually worth. It may be beneficial to remember the following information about settlements:
- A settlement means that you will be able to avoid a trial. This can mean less stress for your family.
- Settlement amounts differ from case to case, but the right amount depends on the nature of the suffering and ongoing duress your loved one is experiencing.
- A cap may apply to the amount you can seek through a nursing home claim, and a settlement could be a smart way to resolve the matter more quickly.
When it is the recovery and well-being of your loved one at stake, you do not have to face it alone. It is often helpful to seek guidance to ensure that you handle any settlement offers the right way.
The option to litigate
A settlement offer may be quicker and easier, but that does not necessarily mean it is the right option. Even if you receive an offer to settle the case out of court, you can refuse or negotiate for more. You are entitled to a full and fair recovery on behalf of your loved one, and that may mean seeking appropriate damages through litigation.
A complete evaluation of your case and any settlement offers received can help you understand the most appropriate course of action for you and your family member in a nursing home.