Nursing Home Wrongful Death Attorney

You can also seek punitive damages against the nursing home itself. Punitive damages punish the nursing home for misconduct and discourage similar behavior in the future. The settlement offer is either accepted or declined by the plaintiff .

nursing home wrongful death cases

Not all family members can benefit from the death of a loved one in a wrongful death case. The rule generally is that a parent or child or spouse will be the beneficiary in these cases. There are instances where another family member may possible be able to benefit, but this will depend on your state’s laws.

Nursing Home Wrongful Death Lawsuit Timelines

Our team can connect you to a skilled team of lawyers if you’re eligible to file. To learn the value of your case, work with a skilled lawyer who can estimate your case value before filing a lawsuit. Your lawyer will then work to secure the compensation through a settlement negotiation. Colorado law allows for punitive damages if willful or reckless actions caused a death. This may happen because of a lack of training or complete failure to follow proper protocols. This type of medical malpractice may cause immediate illness or a cumulative outcome that is fatal.

nursing home wrongful death cases

Wrongful death in a nursing home is typically due to the employees’ or administration’s negligence. When that doesn’t happen, the staff’s negligence can have fatal consequences. Your nursing home abuse lawyer will help you identify all your losses during your free case evaluation. Statutes of limitations are time restrictions on how long you have to file a lawsuit and can vary from state to state.

What Causes Nursing Home Wrongful Death?

It is an organization that concentrates solely on helping provide nursing home patients and their families the legal help they need. NHLC LLC has a network of recognized attorneys located across the country who have experience representing clients in all types of nursing home injury cases. References to "NHLC attorneys" or "our attorneys" are references to attorneys within NHLC's network, and not employees, agents, or partners of NHLC. Please consult the disclaimer page for further information concerning NHLC. All information on this site shall be considered 'attorney advertising' and not construed as legal advice.

nursing home wrongful death cases

Unfortunately, poor care in nursing homes is responsible for many premature deaths in elderly patients. However, many of these premature deaths are never investigated because the attending physicians usually assume that an elderly patient’s death is related to an existing medical condition. Some facilities may even deliberately attempt to cover up the cause of a patient’s death if it is known that some form of negligence may be at fault. Abuse and neglect in nursing homes can have serious consequences, with the victim’s death being the worst outcome possible.

Talk with a Nursing Home Abuse & Wrongful Death Lawyer

It is important to hire a nursing home wrongful death attorney who works on a contingency fee basis. This means they do not charge upfront fees for their services, so you don’t pay anything out of pocket. Your lawyer is compensated only if your case is successful, at which point they will receive a small portion of the money you are awarded. If you qualify to work with our trusted network of nursing home wrongful death lawyers, your legal team will handle all the heavy lifting for you.

nursing home wrongful death cases

When assessing the death of a loved one for neglect, the best place to start is to take the care they received into account. A bedsore lawsuit settlement can potentially be in the region of $500,000 or more in cases where bedsore caused infection or hospitalization, with the help of an excellent attorney. By legal definition, wrongful death is any incident in which a person dies either due to an intentional act or negligence, which is classified as carelessness or inaction that has caused harm.

Attorney Review

Plaintiff also alleged that the nursing home was not adequately staffed at the time of the occurrence. Defendants denied liability claiming that the decedent was properly monitored and that the staffing levels met all necessary standards of care. Defendants also argued that using restraints on the decedent’s chair would not have been appropriate for her conditions. The jury found on behalf of the decedent and awarded the Plaintiff $1,000,000. These are sample verdicts around the country in nursing home abuse and neglect. Punitive damages can be beneficial by motivating nursing homes to change their procedures that lead to fatal injuries like those your loved one suffered.

nursing home wrongful death cases

The Nursing Home Abuse Center was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect. Wrongful death legal claims are a type of nursing home abuse lawsuit that can benefit families in a few ways. Nursing home wrongful death cases are caused by the failure of a care facility to protect a resident from harm.

We know that suing a nursing home for wrongful death will not bring your loved one back. Wrongful death cases that come from nursing homes can arise from a variety of negligent acts. For a death to be legally considered wrongful, it must be proven that the facility had the duty to protect the resident but failed to do so. In some states, financial dependents, life partners, and putative or common-law spouses may also be able to file. Placing a loved one in a nursing home is a complex and emotional decision.

nursing home wrongful death cases

You may argue that the neglect was intentional or that it was accidental. In either case, you must present evidence of the neglect to establish liability. The statute of limitations is the amount of time a family member or authorized representative of the deceased has to file before the court no longer accepts the lawsuit. The report also indicated that 75 percent of women over the age of 60 lived in nursing homes when they experienced rape. Incredibly, up to 75 percent of assaults in nursing homes had at least one witness in the form of another resident or a facility employee.

Nursing Home Wrongful Death Cases Explained

Legal Case Review If you or a loved one has suffered abuse or neglect, we can help. Consult with an experienced nursing home lawyer to learn how the various laws in your state may impact your case. There are three criteria that the plaintiffs must show to prove their case and receive compensation.

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