The Process of Hiring an Attorney and Steps Following Hiring
First, you call the attorneys at Williams Newman Williams and tell them about your case, free of charge.- Then, these attorneys will gather the necessary medical records, including both hospital records and nursing home records.
- These attorneys will then ensure these records are reviewed by a team of medical and legal experts.
- Once these experts determine liability is present, a notice of intent to file suit is filed. This is a document required by the State of Mississippi that provides the nursing homes with 60 days notice of a future filing of a lawsuit. If this notice is not filed, then your case can be dismissed.
- Along with this Notice, often a demand letter is sent to determine what settlement options exist at the early stage before a Complaint is filed.
- Once the 60 days runs on the Notice of Intent, a Complaint is then filed and served.
- Once a Complaint is filed, a scheduling order is put into place determining an end-date for your lawsuit, namely a trial or arbitration date.
- At this stage, Defendant often wrongfully asserts their right to arbitration and Plaintiff argues against arbitration in the local trial court.
- During the next few months, discovery requests are sent to the nursing home, where the nursing home has to provide incident reports, statements, floor plans, personnel files, in-services training materials, budgets, census and schedules, as well as many other documents.
- Depositions commence with the employees involved in the negligence being deposed by the Plaintiff.
- Experts depositions occur and motions are filed.
- Then the case is ready for arbitration or trial. This is the stage where 90% of cases settle.
- If the case is unable to settle, then an arbitration or trial commences. The experienced attorneys of Williams Newman Williams will walk you through each step of a trial or arbitration, making it a painless process for the family.
None of these steps involve any expense paid by the family. Williams Newman Williams is only paid if we collect for You.