Denver Nursing Home Negligence Attorney - The Litigation Process

While each case is different, our general approach, after we have determined we believe you have a meritorious case and been retained to represent you or your loved one, is to write up the claims in the form of a demand letter which we send to the facility or to their representatives. This demand includes the salient evidentiary materials, photographs, records and sometimes initial expert reports.

Because litigation is stressful, painful, expensive and takes time, we believe that people should be given a reasonable opportunity, on both sides, to avoid it and to govern themselves.

If we are unable to obtain a settlement through reasonable negotiations, we will not hesitate to file suit and vigorously prosecute it through trial. There are, of course, some cases in which we determine litigation is required from the very beginning. Even in litigation we remain active in our pursuit of a reasonable out of court resolution.

Depending on whether the nursing home resident is still alive, and the age of the survivors, if the resident has died, we can seek accelerated trials which are often granted in these types of cases under Colorado law. While litigation is never “fast”, courts in Colorado are usually responsive to accelerated trials for plaintiffs over 70 or who are not expected to live more than one year. Such trials are often ordered by the Courts and involve accelerating all case aspects from discovery and case management to actual trial settings.

From our initial meetings with you until the end of the case, you remain in charge of key decisions like whether to settle a claim or to file and maintain suit. We ask only that you be reasonable about such important matters and carefully consider our opinions and views on them which are based on our experience.

Nursing homes and assisted living facilities react differently to claims. Some are in Bankruptcy or just coming out of it. Some are self insured to a considerable extent. Some have had many claims made against them, here, or in other states where they also operate. What will happen in a given case, which paths are taken and how far cases must go before resolution varies based on the responses we obtain. It has been our experience that many cases can be resolved without suit, however, this cannot be predicted in advance.

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