How long will it take to get justice for a loved one? That’s often one of the first questions families ask when they decide to take legal action against a nursing home. The wait for answers can feel unbearable, especially when a loved one has suffered harm.
Some cases settle in months, while others take years, depending on how the nursing home responds and the speed of the legal system. Court schedules, medical records, and witness testimony can also affect the length of a nursing home abuse case.
While no one can predict the exact timeline, understanding what goes into a lawsuit can help you prepare for what’s ahead. Learn what to expect at each stage of a nursing home abuse lawsuit, from early negotiations to the final settlement, along with the legal deadlines that could affect your case in California.
How Long Does a Nursing Home Lawsuit Take in California? Step-by-Step Timeline
Although every case is unique, most nursing home neglect lawsuits follow a similar timeline. Generally, the nursing home neglect lawsuit process takes 18 to 24 months from start to resolution. The table below shows the stages your case might go through, along with estimated timelines:
| Stage | Estimated Timeframe | What Happens? |
|---|---|---|
| Discovering the Abuse | Days to months | Family members or staff notice unexplained injuries or signs of neglect. Medical records, witness accounts, or behavioral changes may confirm concerns. |
| Filing a Complaint | Days to weeks | A complaint is submitted to Adult Protective Services (APS), a state agency, or the nursing home itself. This step may trigger an internal review or investigation. |
| Investigation Begins | Weeks to months | Attorneys gather medical records, witness statements, and other evidence to build the case. Regulatory agencies may also conduct separate investigations. |
| Notice of Civil Suit | Within 2 years of the injury | The lawsuit is officially filed, and the nursing home is served with a legal notice. Defendants typically have 30 days to respond. |
| Pre-Trial Discovery | 6-12 months | Both sides exchange evidence, take depositions, and consult experts. This phase helps determine case strength and potential settlement options. |
| Negotiation and Settlement Talks | 3-18 months | Many cases settle before trial, often after discovery. Attorneys negotiate compensation for damages, and the case ends here if an agreement is reached. |
| Trial (if no settlement) | 1-3 years | If no settlement is reached, the case proceeds to trial. This includes jury selection, testimony, and legal motions, which can extend the process. |
Nursing home abuse lawsuit settlements can take several months to years, depending on when a resolution is reached. While some cases move quickly, others require more time to go through each stage.
What Affects the Length of Nursing Abuse Cases in California?
The timeframe for your loved one’s nursing home abuse lawsuit will depend on the specific circumstances of the case. Here’s a look at what affects the length of time to the average nursing home neglect settlement resolution:
Case Complexity
The more complicated your case is, the longer it can take to resolve. Lawsuits involving serious harm, multiple parties, or extensive evidence often require more time for investigation and legal proceedings.
- Severe injuries may require medical expert testimony and extensive documentation.
- Cases involving corporate-owned nursing homes can take longer due to multiple layers of legal defense.
- If multiple defendants are named in your loved one’s claim, the process can slow down as each party responds and builds their case.
- Disputes over medical records or liability may lead to additional legal motions and delays.
When your case involves these complexities, it can add several months to the timeline.
Settlement With Insurers Outside of Court
Reaching a settlement with the other party can shorten the length of your loved one’s case, but it depends on how willing the nursing home is to negotiate.
- Solid evidence can encourage the nursing home to settle rather than risk a trial.
- Facilities and their insurers may delay negotiations to pressure families into accepting a lower offer.
- A skilled attorney can counter delay tactics and push for a fair resolution faster.
- If settlement talks stall, your case may still need to go to trial, extending the timeline.
Around 88% of nursing home abuse cases settle out of court in the U.S. However, weighing whether the offer fairly compensates your loved one for the harm they suffered is important.
Mediation or Arbitration
Mediation and arbitration can help resolve your loved one’s case faster, sometimes avoiding the need for a trial. These methods can take place at any point before a trial begins, offering a way to settle disputes without waiting for a court date.
- Mediation involves a neutral third party helping both sides reach an agreement.
- Arbitration is more formal, with an arbitrator making a binding or non-binding decision.
- Some nursing home contracts require arbitration, which can limit legal options.
- If both sides cooperate, these methods can resolve a case in months instead of years.
While mediation and arbitration can speed up the process, the outcome depends on how willing the nursing home is to negotiate in good faith.
Court Docket and Legal Delays
Court scheduling can impact how long your loved one’s case takes.
- Civil courts often have backlogs, leading to long wait times for trial scheduling.
- Delays can happen if a judge prioritizes criminal cases over civil lawsuits.
- Pre-trial motions like motions to compel evidence or motions for continuance can extend the process, especially if hearings get rescheduled.
- Some jurisdictions move faster than others, depending on local court availability.
In California, trial courts aim to resolve civil cases within two years of filing, but delays are common. At least 1,300 civil cases have been pending for more than three years, with 332 unresolved for over five years, reflecting a major court backlog.
Lengthy Trial
Going to trial adds more time to your loved one’s case, as court scheduling, legal arguments, and witness testimony all extend the process. Even after a trial begins, unexpected delays can arise.
- Jury selection, opening statements, and presenting evidence take time.
- Witnesses, including medical experts, must be scheduled to testify.
- Defense attorneys may file motions during trial, leading to pauses in proceedings.
- If a verdict is appealed, the case can remain unresolved for much longer.
The average length of civil trials is between 10 and 30 hours, so around 2 to 6 days in the courtroom. The more complex the case, the longer it can take, especially if multiple witnesses testify or extensive evidence is presented.
Wrongful Death Cases
If your loved one passes away due to nursing home neglect or abuse, the lawsuit may shift to a wrongful death claim, which can add additional legal steps.
- An estate must be opened to allow a representative to pursue the case.
- The court must approve the personal representative, which can take time.
- Additional evidence may be needed, such as autopsy reports or financial loss assessments.
- If there are multiple heirs, settlement negotiations may take longer.
These extra steps can add months to the case, especially if disputes arise over who will represent the estate or how damages should be distributed.
Statute of Limitations
The statute of limitations for nursing home abuse impacts the
The amount of time you have to file can affect the overall timeframe for the case.
- In California, the statute of limitations for nursing home abuse or neglect lawsuits is two years from the date of the injury.
- If the injury or cause of harm wasn’t immediately known, the “delayed discovery rule” may apply. Under this rule, the statute may begin on the date the injury was discovered—or reasonably should have been discovered—rather than when it occurred.
- Cases involving fraud or intentional concealment of abuse may also qualify for an extended deadline.
If you’re unsure whether you still have time to file, speaking with an attorney can help determine whether an exception applies to your case.
What To Do if You Suspect Nursing Home Abuse
If you believe your loved one is experiencing abuse or neglect in a California nursing home, taking immediate action can help protect them and preserve evidence for a potential case. Here’s what to do:
- Document signs of abuse—take photos of visible injuries like bruises or bedsores and gather medical records detailing their condition and care.
- Call APS to report the abuse, which can trigger an investigation into the facility’s practices and care standards.
- File a complaint with the California Department of Public Health (CDPH) to document the issue and request a state inspection of the nursing home.
- Call local law enforcement if there is immediate danger, as criminal abuse or neglect may require police intervention.
- Consult a nursing home abuse attorney, who can advise you on legal options and help you take action against the facility for violating your loved one’s rights.
Protect Your Elderly Loved One in a Nursing Home
The wait for justice after your loved one is mistreated can feel overwhelming, but knowing what to expect can help. No matter how long the process takes, taking the first step is what matters. Filing a complaint, gathering evidence, and speaking with an attorney to understand your options can help you move forward.
Reach out to an elder abuse attorney to discuss your case, understand the possible timeline, and start the process of holding the negligent facility accountable.
