Seeking to Overcome Mandatory Arbitration Hearings
In North Carolina, most residents sign admission agreements before entering nursing homes or assisted living centers. The contracts are often crammed with complicated language, causing some families to overlook a provision stating that all disputes will be resolved through mandatory arbitration.
Individuals who sign the admission agreement waive their legal right to a trial. At Jackson & McGee, LLP, we believe jurors are the conscience of our community. We fight hard for cases to be heard in front of a jury, where recoveries are traditionally higher than in arbitration.
In arbitration, victims of nursing home abuse and neglect are less likely to recover a large verdict as lawyers on both sides try to spin the value of a case. We seek for jurors to determine the level of injustice through public trials. Contact our law firm today to learn more about our approach.
Preserving Clients' Right to a Trial
Jackson & McGee, LLP, combines the work of two experienced trial attorneys — Gary W. Jackson and Sam McGee — who are committed to seeking justice. They prepare every case for trial and fight to overcome mandatory arbitration hearings based on specific legal parameters, such as:
- Fairness — Courts can refuse to enforce arbitration agreements that are unconscionable or fundamentally unfair. We will argue against arbitration hearings based on unjust arbitration agreements or the manner in which agreements were presented to patients.
- Power of attorney — If a resident's power of attorney signed an admission agreement, we will determine whether he or she had the authority to sign this type of legal document. Some power of attorney documents are written in broad terms and might not grant a power of attorney this kind of authority.
- Who signed the admission agreement — We will argue for the admission statement to be discarded if the contract was signed by a family member who did not have the legal authority to waive his or her loved one's right to a trial.
- Level of mental capacity — Our legal team will obtain a client's medical records at the time he or she entered a nursing home. We are prepared to show that a client did not have the mental capacity to understand all of the terms outlined in the admission agreement.
We obtain depositions from everyone in the room when the admission agreement was signed. Our legal team will review the admission agreement to determine if the details surrounding mandatory arbitration were unclear. If you were rushed into signing the agreement or were not aware of the provision, we will fight to preserve your loved one's right to a trial.
Take Action — Contact Us Today
Contact our firm's trial lawyers online or at 704-246-3295 or toll free at 866-753-6982. We offer free initial consultations and accept cases on a contingency basis.
