A nursing home lawsuit can take anywhere from a few months to several years. The exact timeline of your case largely depends on factors such as complexity, the strength of the evidence, disputed liability, court backlogs, and whether it settles or goes to trial.
An experienced legal advocate can help navigate your claim, overcoming potential barriers and streamlining the overall process. Nursing Homes Abuse LLC works with skilled NY attorneys to help victims of abuse pursue timely compensation. We operate on a contingency fee basis, meaning you never pay unless we win your case. Contact us today to schedule an initial consultation.
Timeline of a Nursing Home Lawsuit in New York
Step 1: Investigation
At the start of a nursing home lawsuit, your attorney will review evidence to determine the strength of your claim and what strategies to pursue. Some vital forms of evidence that can support your claim include photos of injuries, medical records, and expert testimony. This step typically takes between one and three months, depending on how accessible the evidence is.
Step 2: Filing the Lawsuit in the New York Court
In New York, to file a nursing home abuse or neglect lawsuit, certain legal requirements and deadlines must be met. For instance, evidence supporting the claim is necessary, such as medical records, incident reports, and witness statements. Personal injury or abuse claims must typically be filed within three years from the date the injury or neglect occurred. However, wrongful death claims have a two-year filing deadline from the date of death.
Step 3: Discovery Phase
During the discovery phase, your attorney and the nursing home’s legal team exchange information and gather evidence to build their cases. This step helps both sides understand the strengths and weaknesses of the claim. It is often the longest part of a nursing home lawsuit because it involves gathering and reviewing extensive evidence, a process that can take six to 12 months.
Step 4: Settlement Negotiations
Many cases resolve in the settlement phase. This is the point in the process where your attorney will negotiate a fair compensation and fight back against unfair or lowball offers. In general, this takes a few months but may last up to a year, depending on the case’s complexity.
Step 5: Trial (If Necessary)
If the case does not settle, it proceeds to trial, where both sides present evidence and witness testimony before a judge or jury. Trials may last from a few days to several weeks, depending on the complexity of the case. In New York, it often takes two to four years after filing for a civil case to reach trial.
Can a Nursing Home Case Settle Faster?
Yes, some nursing home cases can settle within a few months to about one year, especially if the parties reach a settlement before a lawsuit is filed. Faster settlements are more likely when there is strong evidence, clear liability, and experienced counsel negotiating with the facility and its insurers.
What Affects How Long a Nursing Home Lawsuit Takes in New York?
Severity of Injury or Death
Cases involving severe injuries, like extreme bedsores and falls, harm from medication errors, or sepsis, may take longer to resolve. The extent of these damages requires strong, compelling medical evidence, which may not be available until the full course of treatment is complete. Similarly, wrongful death can extend a case, especially if the victim does not pass immediately.
Number of Defendants
The number of defendants can significantly affect how long a nursing home lawsuit takes in New York. More parties involved in the negligence will further complicate the case and require extended negotiations between insurers.
Investigation and Evidence
The time required to obtain medical records, incident reports, and witness statements can vary. When this process is more complex, it will likely take longer and prolong the overall timeline—for instance, when identifying and locating a witness or obtaining access to certain medical records.
Court Backlogs in New York
New York courts often face significant case backlogs, which can delay hearings, discovery deadlines, and trial dates. The timeline may depend heavily on the schedule and caseload of the specific court where the lawsuit is filed. As a result, even well-prepared nursing home cases can take longer to move forward due to limited court availability.
Whether the Case Settles or Goes to Trial
Cases that settle before trial typically resolve faster. However, if the nursing home denies liability, the litigation process can take longer, and the case may ultimately proceed to trial.
Appeals
If either party appeals the trial verdict, the case timeline can extend significantly. Appeals require additional legal briefs and court review, which can take months to a year or more to resolve. As a result, an appeal may delay the final resolution even after a trial has concluded.
Get Legal Help
At Nursing Homes Abuse LLC, we partner with experienced nursing home abuse attorneys who can assist you and your loved ones to get the justice you deserve.
Mathew Shooshtary
The Sanders Law Firm
Jay Kenneth Margolis
The Sanders Law Firm
Doug Weinmaster
Phillips Law Firm
How Long Do You Have To File a Nursing Home Lawsuit in New York?
The exact amount of time that victims or their loved ones have to file a nursing home lawsuit in New York is based on the specific type of claim. In cases involving negligence, under New York law you typically have three years to file (CPLR § 214), while medical malpractice shortens this deadline to two years and six months (CPLR § 214-a).
The deadline for wrongful death cases is even shorter: two years from the date of death. It is also important to note that cases involving public nursing homes may require filing a Notice of Claim within 90 days. Because these deadlines are strict and missing them can prevent a case from being filed, it is important to speak with an attorney as soon as possible.
Get Help With Suing a Nursing Home in New York
Pursuing a nursing home abuse or neglect case can be complex, but you do not have to navigate the process alone. Nursing Homes Abuse LLC collaborates with experienced attorneys at Sanders, Aronova, Grossman, Woycik, Veiner & Kulant PLLC and Phillips Law Firm PLLC to help victims and families pursue justice against negligent nursing homes throughout New York. If you believe a loved one has been harmed in a nursing facility, you can learn more about your legal rights and options by contacting us today.
