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Nursing Home Neglect

How much is this going to cost?

It costs you nothing, unless there is a recovery. Piercy Stakelum will advance the costs of the litigation and charge you nothing unless a settlement or judgment is collected. Nursing home cases can be very expensive to pursue with litigation costs mounting to as much as $150,000 through a jury trial. The earlier a case is settled, the less the costs. The potential costs vary case by case and are considered when evaluating whether a case should be pursued and, if so, whether and at what amount a case should be settled.

Can we settle the case without going to court?

Yes. In fact, most cases, probably around 85-90% of cases, settle before an actual trial.

Why does the process take so long?

The Florida Legislature has enacted a number of laws that create loopholes that must be maneuvered by our attorneys in order to entitle a client to validly file a lawsuit in court. These loopholes take time to maneuver. These laws were the product of lobbying efforts by the health care industry, which desires such delays. In addition, it takes time for consulting and testifying experts to review all of the records and evidence in order to give fully informed testimony on behalf of our clients.

How much will I net out of the final settlement (even though I'm doing this for the principle, not the money?)

You can expect to net around 50% of the gross settlement amount in most cases, but this percentage varies in each case depending on the amount of costs incurred in litigating the particular case.

Should I move my loved one out of the nursing home we are suing?

Yes. Otherwise, you risk mistreatment or retaliation by disgruntled nursing home personnel.

Why do we have to pay back Medicare/Medicaid?

Medicare and Medicaid are entitled to repayment of certain sums under both Federal and State of Florida statutes. These laws cannot be changed by our attorneys, but we make every effort to legally minimize the amount you must repay Medicare and Medicaid under applicable laws and regulations.

Why won’t an attorney take my case even though the doctor was clearly negligent?

We are unable to take every case involving medical negligence. These cases are very expensive to handle and oftentimes the costs of litigating the case will be more than the damage caused by the negligence.

Do we have a case and if so, how much is it worth?

Each case must be evaluated on a case by case basis after evaluation by our consulting and testifying experts. Although our attorneys can provide their opinions on each case, a jury ultimately determines the amount to be awarded if a case is not settled.

Why does an insurance company have any claim to settlement proceeds?

Florida law allows health insurance companies to recover certain sums paid toward medical expenses made necessary by negligence of nursing homes and health care providers in much the same way that the laws allow Medicare and Medicaid to recover certain sums. Again, although these laws cannot be changed by our attorneys, we do make every effort to legally minimize the amounts these insurance companies must be repaid from the settlement proceeds.

Do I have to tell my brother/sister/cousin, who never paid any attention to dad, about the settlement?

All persons entitled to an estate's assets under the laws of intestate succession or probate laws must be informed at some point that a claim is being pursued. This does not mean that they are entitled to any share of any settlement proceeds or judgment. Entitlement to shares of such sums is dependent upon many variables, including the specific claims pursued, the specific claims for which a verdict is awarded, and whether a will exists, etc.

Why do we have to set up an estate or guardianship?

The law requires that a legal entity exists before a lawsuit can be pursued in any type of case. In the case of a deceased person, this requires the appointment of a personal representative of the estate of that deceased person by the appropriate probate court. In the case of an incompetent senior citizen, this requires the appointment of a legal guardian by a court with proper jurisdiction.