Skip to content Skip to sidebar Skip to footer

Why Trial Experience Changes What Employment and Elder Abuse Cases Can Produce

Most civil disputes settle before trial. That statistical reality shapes how many law firms approach their cases: settlement is the destination, and every step of the litigation is aimed at reaching a number both sides can accept before a jury decides. The firms that consistently produce the best settlements are not the ones who avoid trial. They are the ones whose trial experience makes the threat of trial credible, because the party on the other side of the negotiation is making a calculation about what happens if the case does not settle, and that calculation depends entirely on who is on the other side.

The trial lawyers at Greenberg Gross LLP practice across employment law and elder abuse litigation in Boston, Los Angeles, Las Vegas, and New York City with a litigation posture built around that reality. Employers who engage in workplace discrimination and nursing facilities who harm vulnerable residents both make settlement decisions based on what they believe the case will cost them at trial, and those decisions change when they know the lawyers on the other side have tried cases to verdict.

What Employment Law Litigation Actually Requires

Employment cases involve documentary evidence, witness testimony, and expert analysis that must be gathered, preserved, and presented in a way that tells a coherent story to a jury that has no prior knowledge of the workplace, the industry, or the specific individuals involved. The employer controls most of the documentary evidence at the outset: performance reviews, disciplinary records, communications, and the comparator employee data that shows how similarly situated people were treated. Obtaining that evidence through discovery, identifying the inconsistencies between what the employer claims and what the documents show, and building the discrimination or retaliation narrative from those inconsistencies is the core work of employment litigation.

What Elder Abuse and Nursing Home Litigation Requires

Elder abuse and nursing home neglect cases require a different set of expert resources than employment cases, but they share the same fundamental challenge: the institution that caused the harm controls most of the records that document it. Staffing logs, incident reports, medication administration records, and care plans are all maintained by the facility and must be obtained through formal discovery. The gap between what those records show and what adequate care required is established through medical expert testimony, nursing standard of care experts, and in financial abuse cases through forensic accountants who trace the movement of the victim’s assets.

The Firms and Institutions These Cases Are Brought Against

Employment cases at the level Greenberg Gross LLP handles are typically brought against large employers with sophisticated legal teams and the resources to defend aggressively through extended litigation. Elder abuse cases are often brought against corporate nursing home chains that operate multiple facilities and that treat litigation risk as a line item in their financial model. In both contexts, the plaintiff’s counsel needs to be operating at a level that matches the institutional defendant’s resources and that makes the cost of defending a bad case greater than the cost of settling it appropriately. The Equal Employment Opportunity Commission’s litigation resources and the Centers for Medicare and Medicaid Services’ nursing home quality and enforcement data both provide the regulatory context that frames the liability analysis in employment and elder abuse cases respectively.

For the Updates

Exploring ideas at the intersection of design, code, and technology. Subscribe to our newsletter and always be aware of all the latest updates.

Log In to My Account

Download a Free Theme