Families move their loved ones into nursing homes so they can receive the care they need to thrive and live out their lives as comfortably as possible. Unfortunately, some nursing home residents become victims of abuse and neglect, and instead of enjoying a high quality of life in their later years, they suffer an untimely death.
A wrongful death occurs when a nursing home resident dies due to negligence. In other words, the residents would still be alive if they had not suffered abuse and neglect.
Did you lose a loved one due to a nursing home's negligence? If so, the personal injury attorneys at Nursing Home Law Center, LLC can help you seek the justice your family deserves.
We guide families' victims through nursing home wrongful death cases so they can receive financial compensation and, more importantly, hold negligent parties accountable for their actions.
Contact our nursing home abuse lawyers at (800) 926-7565 for a free consultation. All sensitive or confidential information you share with our legal team remains private under an attorney-client relationship.
A wrongful death lawsuit is a legal action brought by family members and legal dependents against individuals whose negligence caused the death of a person. The plaintiff can bring it against the defendant facing criminal charges for the same incident.
Even if the defendant is found not guilty of the criminal charge against them, a nursing home lawsuit may hold them liable for the deceased's family's damages.
A wrongful death nursing home claim or lawsuit is usually caused by a facility's failure to provide proper care to a resident or protect them from avoidable harm. Many nursing home wrongful death cases arise from:
Nursing facilities are legally obligated to protect residents from avoidable harm, especially untimely deaths. Sadly, not all nursing homes meet this responsibility, allowing wrongful deaths to occur.
The following forms of nursing home abuse and neglect most frequently lead to wrongful death and a subsequent nursing home lawsuit:
A loved one's death is always devastating, and your family deserves compensation for such an avoidable tragedy. While no amount of money will take away the pain of losing a family member, recovering compensation from a wrongful death nursing home claim can help ease the financial burden on your family.
In all 50 states, surviving family members can file wrongful death cases, including parents, children, and spouses. Some states allow distant family members, such as grandparents and cousins, to file a wrongful death nursing home case if no close relatives are available.
In some states, life partners, financial dependents, and common-law spouses are also permitted to file a wrongful death nursing home lawsuit. Non-relatives who suffer a financial loss due to the death may also be eligible, depending on which state the death occurred.
If a resident files a personal injury lawsuit but passes before it is resolved, their family can continue the suit on their behalf. The family can also turn the lawsuit into a nursing home wrongful death case with the help of an attorney.
Liable parties in nursing home wrongful death cases may include:
Nursing facilities, the companies that own them, and their insurance providers will be liable in a wrongful death nursing home lawsuit, regardless of who is directly at fault. Their liability stems from the failure to prevent a resident's death in a nursing home, a legal obligation under state and federal law.
The most challenging part of filing a nursing home lawsuit is proving causation. To recover compensation, you must show that nursing home negligence led to your loved one's death and it would not have happened if the facility did not act negligently.
A wrongful death nursing home lawyer will help you gather the evidence you need, such as:
Families of deceased residents file wrongful death lawsuits to hold the nursing home financially responsible for the following losses:
Your nursing home abuse lawyer will help you identify all your losses during your free case evaluation.
The statute of limitations for wrongful death cases varies by state. In most states, you have less than three years from the date of your loved one's death to file a claim, while others allow filing up to five years.
File a nursing home wrongful death lawsuit as soon as possible to avoid missing the deadline. Otherwise, you may be unable to file a claim and receive compensation for funeral expenses, medical bills, and other losses.
Nursing home wrongful death settlements range from $500,000 to several million dollars. It is difficult to pinpoint a more precise range, as no two wrongful death cases are identical. Your settlement will depend on your case's circumstances, the victim's age, the level of nursing home abuse involved, and other factors.
However, the extent of your damages (e.g., funeral expenses, medical bills, etc.) significantly impacts your nursing home wrongful death case. Your elder abuse lawyer will calculate the value of your settlement to give you an idea of how much your family deserves.
It takes a skilled legal expert to tackle a wrongful death case against an institution like a nursing home and its insurance company. While a lawyer is not required to file a wrongful death lawsuit, having one can make the process easier.
Our nursing home wrongful death lawyers will:
Aside from helping you recover compensation for funeral costs, hospital bills, and other losses, having a nursing home abuse lawyer take over your case will allow your family to grieve in peace. You don't need the burden of a nursing home lawsuit during this difficult time; our attorneys are more than willing to shoulder it for you.
Every nursing home facility is responsible for preventing accidents, injuries, and illnesses that could lead to death in a nursing home. A wrongful death may occur if a facility fails to avoid hazards or meet a resident's health care requirements.
If you lost a loved one in a nursing facility due to negligence, you could file a nursing home wrongful death lawsuit to receive financial compensation for your family's damages. The nursing home abuse lawyers at Nursing Home Law Center, LLC help victims' families file wrongful death cases and fight for their right to fair settlements.
Our experienced personal injury attorneys have extensive experience in handling all kinds of nursing home wrongful death cases, including nursing home abuse, slip-and-falls, medical malpractice, etc.
Contact our wrongful death nursing home attorneys at (800) 926-7565 or use the contact form for a free consultation. All confidential or sensitive information you share with our legal team remains private under an attorney-client relationship.
Our attorneys handle all accepted nursing home wrongful death cases on a contingency fee basis. This agreement ensures you don't have to pay our legal fees unless we win your case.
