In worst cases of nursing home abuse, residents die at the hands of the people responsible for their safety and well-being.
If your loved one died in a nursing home, you have the right to know the causes and circumstances of their death. Many nursing home residents die due to natural causes. But what if you suspect that someone else is responsible for your loved one’s death?
You may have to dig deeper into their cause of death. One of our personal injury lawyers at Nursing Home Law Center, LLC can help you investigate your suspected case of nursing home abuse and help you seek justice if the fault is proven.
Schedule a free consultation with us by calling (800) 926-7565 or filling out this contact form.
What is Considered Wrongful Death For Nursing Home Residents?Wrongful death is a death caused by another’s negligence or misconduct. In a nursing home wrongful death case, the victim has suffered abuse or neglect from the entity responsible for taking care of them, leading to their untimely death.
All healthcare workers at nursing homes and assisted living facilities owe their patients a standard duty of care. If they fail to provide proper medical care to a patient, resulting in their untimely death, they might be liable for wrongful death.
Similarly, a nursing home may face a wrongful death lawsuit if a staff member causes unintentional or intentional harm to the victim.
Common Causes of Nursing Home Wrongful DeathsWrongful death in a nursing home can result from many different factors, including:
Many factors can lead to a nursing home wrongful death. But why do these deaths happen in the first place?
Here are some of the most common factors that put nursing home residents at greater risk of abuse or neglect:
Failure to do so can put residents at risk of violence and negligence from orderlies, nurses, and other nursing home staff.
Signs of nursing home abuse are not always obvious. Sometimes, they are mistaken for signs of dementia or other health conditions. Nursing homes may also try to cover up the abuse by blaming the resident or the resident’s health condition.
The following warning signs may point to nursing home neglect and abuse:
Emotional or Psychological Abuse:
Neglect:
If you suspect your loved one is receiving poor care in their nursing home, call 911 as advised by the US Department of Health and Human Services. If they are not in immediate danger, you could report the facility to your state’s Adult Protective Services (APS) branch.
In any case of suspected abuse or neglect, it is best to take your loved one home for the time being.
Average Nursing Home Wrongful Death SettlementsNursing home settlements give victims’ families compensation for medical bills, punitive damages, funeral costs, and other necessary damages.
Average nursing home wrongful death settlements range from $400,000 to $600,000. Some wrongful death settlements amount to $1 million or more.
However, every nursing home wrongful death claim is unique, and settlement values depend on the case’s specifics.
Factors Affecting Nursing Home Abuse Settlements
No two nursing home wrongful death cases are the same. You may receive a payout lower or higher than the average nursing home settlement. The value of your case will depend on:
An experienced attorney from Nursing Home Law Center, LLC can help estimate your nursing home's wrongful death settlement's dollar value.
Furthermore, they can help you fight for the maximum amount your family deserves for such a preventable tragedy.
All sensitive information you provide will remain confidential under an attorney-client relationship.
What to Avoid When Negotiating Nursing Home Wrongful Death Settlements
Some nursing homes may use unscrupulous tactics to get you to accept a lowball settlement.
Keep in mind that many nursing home wrongful death settlements end without going to trial. If you take the offer, you can no longer file a case in court.
To avoid receiving a compensation less than your family deserves:
Nursing home settlements depend on many factors, as mentioned above. A lawyer can help you determine if the initial offer made by the nursing home or insurance company is reasonable.
If the offer is way below the average nursing home settlement, your lawyer can help you negotiate.
Similarly, a lawyer can help you file a complaint if the nursing home attempted to force you to accept the low offer.
Filing a Nursing Home Wrongful Death CaseSenior facilities usually have insurance coverage to help pay for nursing home negligence settlements.
If your loved one died due to nursing home neglect or abuse, you could agree to the defendant’s settlement offer to avoid going to trial. If you accept the settlement, the case will be dismissed.
If you wish to file a wrongful death lawsuit in court, either party could win the case. Whether you want to accept the wrongful death settlement or let the case proceed to a jury trial, it’s crucial to consult a nursing home wrongful death lawyer before making a decision.
Who Can File Nursing Home Negligence Cases?
The deceased's immediate family members can file a wrongful death lawsuit against the negligent party. Immediate family members include children and spouses.
Extended family, such as siblings and cousins, may also be allowed to file a nursing home wrongful death case in some circumstances.
Other loved ones who the wrongful death has financially impacted can also file nursing home wrongful death cases. These include non-relatives like civil partners, executors of wills, and dependents.
Liable Parties
There may be multiple parties involved in your nursing home wrongful death case. These parties may include:
In most nursing home settlements, the owner or operator is liable for a resident’s wrongful death, even if a staff member’s acts caused it.
The Role of Your Lawyer
It is often unwise to handle a wrongful death settlement on your own. Aside from being unable to navigate the complexities of the law, an average person will be less likely to win a fair nursing home wrongful death settlement than a person with a lawyer.
A personal injury lawyer can help you:
Our Nursing Home Law Center attorneys fight tirelessly for fair nursing home settlements. Contact us at (800) 926-7565 for a free case evaluation.
Nursing Home Wrongful Death Lawsuit ProcessThe victims' families can choose to accept a nursing home abuse settlement or take the case to court. Obtaining a settlement is also possible after the trial commences. Nursing home litigation typically follows these basic steps:
After your initial case evaluation, your lawyer can file a lawsuit against the defendant. The defendant will then have to respond to the lawsuit.
If the defendant does not respond, they may lose the wrongful death case by default. However, it is more likely that they will explain why they are not responsible.
Each party will start gathering evidence that supports their side. In a nursing home wrongful death lawsuit, your lawyer may collect the following evidence:
Your lawyer might also source a medical expert to testify in court and prove abuse, neglect, medical malpractice, or all of the above.
For example, if the nursing home failed to diagnose your loved one’s condition, causing their untimely death. In that case, a medical expert can help prove how a doctor in the same circumstances would have made the diagnosis by following the standard duty of care.
Your lawyer may informally begin the nursing home settlement negotiations or serve a demand letter to the defendant. This demand letter explains why your family deserves compensation, and the defendant may issue a counteroffer.
Many wrongful death settlements end at this step if plaintiffs deem the offer reasonable.
If lawyers of both parties cannot negotiate a nursing home wrongful death settlement, mediation begins with a mediator or a judge.
A mediator is a neutral party that facilitates communication and negotiation between parties. They aim to assist both sides in reaching a voluntary wrongful death settlement.
If you accept the nursing home lawsuit settlement from the defendant, the case is settled. Most nursing home wrongful death cases are settled out of court to avoid trial expenses. It can also help families focus on their grieving and avoid the stress of going to court.
The defense party will usually send the nursing home wrongful death settlement to the plaintiff’s lawyer in the form of a check within 30 days.
If negotiations fail, the case may go to trial. A judge or jury will hear the evidence from both sides and arrive at a verdict.
Your nursing home wrongful death lawyer will advise you on your chances of winning.
They will also brief you on the implications of going to court, such as the time it would take for the judge or jury to arrive at a verdict. Most wrongful death lawsuits take years.
Families of nursing home patients can prevent elder neglect and abuse before it’s too late. Here are the best ways to do so:
Nursing homes are supposed to be a haven for older adults where they can live the rest of their lives as comfortably as possible. Unfortunately, nursing home abuse and neglect are still rampant today.
Nursing Home Law Center, LLC can help you file economic, non-economic, and punitive damages against the parties at fault for your loved one’s premature death. Although a nursing home wrongful death settlement will not bring back your loved one, it can ease the financial burden on your family.
Nursing home wrongful death settlements tend to vary in value, but our expert legal team can help you recover the compensation you deserve.
Contact us today at (800) 926-7565 (toll-free phone call) to schedule a free consultation for immediate legal advice. Our top-rated attorneys handle wrongful death and personal injury cases caused by the negligence of nursing homes.
Our services are completely guaranteed, so we do not require any upfront payments and will only accept payment after securing compensation on your behalf.
All discussions with our firm remain confidential through an attorney-client relationship.
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