Weisberg Law Blog

Nursing Home Cases

We have just settled a case for damages for personal injury arising out of negligence of nursing employees. These cases seem to be more prevalent these days. Probably this is because Americans are living longer and using nursing services more.
 

These cases present their own unique set of problems. Often the injured Plaintiff is quite elderly. If a trial is required, the Plaintiff may not be able to recall what happened.  The Plaintiff may become seriously ill or, worse, may pass away. The insurance carrier will take full advantage of these problems in an effort to defeat the claim. Another problem involves Medicare. Most of the time, Medicare has a claim on the settlement proceeds. Getting them to respond to our inquiries as to how much they are claiming is extremely difficult. It takes months to get an answer from our public servants. Meanwhile, the case is pending in Court and the Judge wants the parties to settle or try the case.

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