Should I Settle My Nursing Home Abuse Case or Go to Trial?

When you or your loved one suffers abuse or neglect in a nursing home or long-term care facility, you may wonder whether you should settle your case or take it to trial. This can be a hard decision to make, as there may be pros and cons that come with each choice.

At Distasio Law Firm, our experienced nursing home abuse and neglect attorneys understand the complexities of these cases and can help guide you through the decision-making process.

What Legal Options Are Available for a Person Who Has Suffered Abused in a Nursing Home?

Various legal options are available for someone who has suffered abuse or neglect in a Florida nursing home. The first step should be to report the abuse to the Agency for Health Care Administration, which oversees nursing homes throughout the state of Florida. They will conduct an investigation and produce a report to preserve evidence and hold the facility accountable. However, sometimes the state investigators may not be enough, and the victim or family may want to hire a lawyer specializing in nursing home abuse to investigate further. If an attorney can prove that the facility was negligent and caused harm to the resident, they can hold them accountable for the damages they caused.

Who Gets to Decide Whether to Take a Settlement or Go to Trial?

The decision to settle or go to trial in a case is made by the resident or the family member bringing the case and the nursing home facility. The facility must offer a sufficient amount of money for the case to settle. If the facility offers enough compensation, the victim’s lawyer advises them and their family on whether it is in their best interests to accept the settlement or makes recommendations for negotiation. If the facility does not offer enough compensation, the only option is to proceed to trial and let a jury decide the outcome.

Reach Out to an Experienced Attorney at Distasio Law Firm for Legal Advice

Ultimately, deciding whether to settle or go to trial in a nursing home abuse case is difficult and requires careful consideration. However, with the legal guidance of well-practiced and knowledgeable lawyers like those at Distasio Law Firm, you can be confident that you are making the best decision for yourself and your loved one.

Whether you decide to settle or go to trial, our dedicated attorneys will fight tirelessly to ensure you receive the justice and compensation you deserve. Call today to schedule a consultation with a compassionate member of our team.


Our main office is here in Downtown Tampa, Florida in the Channelside neighborhood. Office in Wesley Chapel and Largo are available by appointment only.

Distasio Law Firm