Most Illinois nursing home neglect lawsuits ultimately end with a settlement being reached between our clients and all parties involved in the suit. Each Illinois nursing home neglect lawyer at our firm is always, ready, willing, and fully capable of going all the way to trial and presenting a case to a jury. However, like in many other contexts, the judicial process leading up to a trial is a good way for both sides to get a very clear idea of the available evidence proving what happened. Once a defense team becomes aware of the evidence against them-usually in the form of nursing home reports, depositions, medical records, and similar items-they come to a realization that neglect likely occurred and can be proven. They then begin to reach out to those of us representing the victims of the Illinois nursing home neglect to discuss fair settlement amounts to prevent the need to invest the time and resources taking the case to trial.
Often there are misconceptions about settlements in these and all injury cases. Those to criticize the justice system sometimes paint settlements as a bad thing-as if victims who settle a case are always motivated to simply make a quick buck in their filing of a lawsuit. Of course, these claims are ludicrous. Settlements can actually be a supremely more efficient way of handling disputes than via a jury trial. Obviously a jury is often necessary when the parties simply cannot agree. However, at the end of the day society is always better off when those who have disagreements are able to discuss the available evidence rationally and reach a fair understanding of what occurred and what redress need be provided. The ability to foster these discussions and facilitate these agreements is a strength of the civil justice system, not a weakness. It is for that reason that many judges work hard to put rules in place in their particular courtrooms to help plaintiffs and defendants get past their differences to fairly and logically discuss the available evidence about a situation in order to reach a reasonable settlement with which both sides can be satisfied.
We understand the important role that settlements often play in nursing home abuse and neglect cases. For example, we recently settled a case for a family on behalf of their loved who died at a nursing home in Lincolnwood, Illinois as a result of neglect by those involved in her care. The woman in that case was 84-years old. She was admitted to the facility only because she needed rehabilitation following a recent surgery. As part of that rehabilitation the nursing home was charged with providing blood-thinning medication and monitoring the effects. The senior needed to have frequent lab tests performed to ensure that the blood levels were appropriate to prevent clotting. This is a common task with which all nursing home facilities are accustomed. The facility failed in this duty. They did not properly administer or monitor the medication. As a result, the elderly woman suffered a blood clot induced stroke which caused severe damage that ultimately contributed to her death. We helped the family file a lawsuit after they learned more about the situation. The case was recently settled for just shy of $1 million, the maximum amount available under the insurance policy held by the negligent facility.
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