Weighing The ‘Family Factor’ In Nursing Home Neglect Cases
By Michael Dayton

Before heading to trial with a nursing home neglect action, Spartanburg attorney Gary W. Poliakoff offers this advice: think about the family.

"The family factor is more unique to nursing homes than other kinds of cases," Poliakoff told Lawyers Weekly. "A loving family can overcome a marginal liability situation. And a family that showed no care or concern can damage the strongest compelling case of liability."

Poliakoff, who reported a $1.05 million nursing home verdict to Lawyers Weekly in January (see Jan. 9, 2006 Lawyers Weekly), said the jury’s potential view of the family can tip the scale in favor of trial or settlement.

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