Wrongful death lawsuits can be used to gain financial compensation and justice for a loved one who passed away at a nursing home due to abuse or neglect. These suits are emotionally taxing and complex, so having a qualified lawyer on your side to assist you is of utmost importance. If you find yourself in this tragic situation, here is what to do when a loved one experiences wrongful death at a nursing home:
What Constitutes a “Wrongful Death” at a Nursing Home?
When someone passes away as a result of another person’s carelessness or malfeasance, it is defined as a wrongful death. There are many potential causes of wrongful death, and they are typically caused by abusive and neglectful practices. Improperly maintained equipment and facilities can be especially dangerous, and increase the chance that a patient experiences a wrongful death while they’re living in a nursing home.
Proving “Wrongful Death”
It is difficult to prove a nursing home wrongful death without an experienced lawyer’s assistance. For this reason, it’s highly recommended that anyone looking to file a suit hire a trusted and highly experienced wrongful death attorney that’s dealt with nursing home-involved suits before. Your lawyer looks into your case to discover the proof you need to establish wrongful death in a nursing home.
Typically, several risk and responsibility factors must be proven to win a wrongful death lawsuit against a nursing home. Firstly, you must prove that a nursing home did not fulfill its legally required standards of duty and care (such as providing food, water, safe medical care, and a safe living environment). Secondly, you often need to prove that the nursing home breached its contract with your deceased loved one via its neglectful actions. Thirdly, you must demonstrate that the breach of duty was the primary cause of your loved one’s death. Lastly, your lawyer must demonstrate that your loved one’s surviving family members have experienced and suffered damages due to the wrongful death.
Who Can File a Wrongful Death Suit?
When someone causes injury by their conduct, a family member brings a wrongful death claim. Someone at the nursing facility has engaged in abuse or neglect, according to the case. If the harm hadn’t occurred, the death of a resident of a nursing home might have been avoided. According to the law, you can only file a wrongful death lawsuit if someone else’s negligence or purposeful injury caused your loved one’s death.
The majority of states only allow direct family members to bring claims against nursing homes for wrongful death. Typically, wrongful death cases can be brought by spouses, parents, kids, and domestic partners. Grandparents, siblings, and other family members could be eligible to file in specific situations. Speak to a lawyer if you believe that your loved one’s death was brought on by nursing home abuse or neglect to find out if you qualify to bring a wrongful death claim.
How Long Can I Expect the Suit to Go On For?
Litigation takes time and a lot of patience. Even though every case is different, nursing home lawsuits frequently get resolved between eighteen to twenty-four months. This length represents the expected timeline for cases that actually go to trial, however. Personal injury disputes frequently resolve outside of court, and nursing home-involved “wrongful death” cases fall under this umbrella. For instance, the insurance provider for the care facility might give money in exchange for settling the case. Depending on the offer, and the nature of the abuse at hand, families may or may not be willing to settle outside of court, however.
Many lawyers advise their claimants not to accept the first settlement offer since the first offer is rarely a fair one. You might be able to bargain for a reasonable settlement with the aid of an attorney. If you can’t come to an agreement, going to trial might be your best bet. Your lawyer can consult you as to what the best choice in your unique scenario may be, however, so trusting their advice is highly recommended.
You Deserve Peace After a Loved One’s Wrongful Death
After losing a loved one to a nursing home’s abuse and neglect, you deserve to find a sense of peace. The financial compensation you receive, and the justice you’ll be bringing against the nursing home in the name of your deceased loved one, can help you heal from this trauma. With the right legal assistance, you can navigate this difficult time in a relatively reasonable and successful manner.