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Q: Attorney Tully, my Dad died in a nursing home due to the neglect of their staff. The nursing home says I must submit my claim to arbitration instead of having a jury trial. Is that correct?
A: When your Dad went into the home he signed a residential agreement (that is, a contract). If the agreement covers only the financial arrangements of the resident and their family and not the issue of any injuries he may receive at the home, the case can be heard by a jury. Jury trials are usually much better for you than nursing home arbitrations. I can review the agreement for you for free. No recovery/no fee. Call me.
