Lawyer Resources for Wrongful Death

Wrongful Death Statutes & Nursing Home Lawsuits

Wrongful death and survival statutes can give family members peace of mind in standing up for the legal rights of a loved one after death. Through a wrongful death statute, a cause of action survives the life of a deceased person. This means that if your loved one experienced neglect or abuse in a nursing home and later died, then you can still file a nursing home wrongful death lawsuit after the death of your loved one. Surviving family members can recover compensation that can be used to pay for outstanding medical bills and funeral expenses. In some cases, economic damages or damages for loss of companionship may also be available. Each state has its own Wrongful Death statute that specifies the total amount of damages that may be awarded to family members after the death of a loved one.

Nursing home lawyers can help you file a lawsuit under a wrongful death statute if your loved one has passed away. Our lawyers are ready to assist you in your time of need and provide you with direction through legal recourse. Nursing home wrongful death lawsuits can help you begin to move forward in your life and hold a nursing home accountable for the harm caused to your loved one.

What Needs to Be Proven in a Wrongful Death Claim?

When you are filing a wrongful death claim, it will be up to your lawyer to prove your case in court. This involves proving that the defendant’s conduct has been responsible for the death of your loved one. Second, your lawyer will need to show that a nursing home facility was negligent and liable for the death of your loved one. Third, there must be surviving family members of the deceased person that are the spouse, children, beneficiaries or dependents. Lastly, there must be monetary damages that have resulted from the decedent’s death.

The Many Forms of Neglect Under a Wrongful Death Claim

In proving a wrongful death claim, there are many forms of underlying neglect that can be used to support the claim. It is important for you to save any evidence that could be used in proving the underlying basis of a wrongful death claim, such as photographs of injuries, medical records, contaminated clothing, smart phone video recordings, saved testimony from employees and other evidence.

Some common types of neglect that can be used to prove a wrongful death claim are development of bed sores, dehydration & malnourishment, use of chemical or physical restraints, physical abuse, a fall during an admission, sexual abuse, improper medical care, physical therapy malpractice, burns and other forms of neglect. You may also have records to show the improper treatment that your loved one received while on a ventilator. There may have been instances in which an untreated urinary tract infection or cerebral hemorrhage lead to a worsened condition or death of your loved one. Meeting with a nursing home lawyer early on in your case will ensure that you preserve this evidence and gather any other evidence that may be necessary for your case.

Filing a Wrongful Death Lawsuit within the Statute of Limitations

Family members should also be aware that there is only a fixed period of time in which a wrongful death claim may be filed after the death of a loved one. In most states, this fixed period of time ranges from six months to three years. By meeting with a lawyer, you can ensure that you do not lose the opportunity to file a wrongful death claim and can have your wrongful death nursing home case filed in court as soon as possible.

Unfortunately, many incidents resulting in an injury to a nursing home patient may eventually result in their death. Consequently, legal action may be necessary to recover for the suffering the person went through following the incident and for the loss the family has endured following their passing. Rosenfeld Injury Lawyers will evaluate the dynamics of each case in order to fully prosecute each case under the applicable laws.

Sources:
https://www.nursinghomelawcenter.org/news/common-nursing-home-injuries/wrongful-death/