Losing a loved one is never easy, and it becomes even more difficult when it happens in a nursing home due to staff negligence. In these situations, families may have the option to pursue a wrongful death claim against the nursing home. However, many people may not be familiar with the process and may have numerous questions. The loss of a family member due to nursing home negligence is a tragic experience for the entire family. Nonetheless, pursuing a wrongful death claim against the nursing home can potentially bring justice to both the victim and the family. In such cases, it is advisable to seek the guidance of an experienced attorney who can navigate the legal process, protect your rights, and help you obtain the compensation you rightfully deserve.
What is a wrongful death claim?
A wrongful death claim is a lawsuit filed against an individual, entity, or organization that caused the death of the victim due to negligence, recklessness, or intentional actions. In the context of nursing homes, a wrongful death claim may arise when a resident in the nursing home passes away due to negligence, abuse, or neglect by the staff or management.
What qualifies as wrongful death in a nursing home?
Several incidents in a nursing home may lead to wrongful death claims, including:
– Failure to provide adequate medical care, attention, or treatment to the patient.
– Neglect or abuse by the nursing home staff resulting in the patient’s death.
– Failure to properly maintain the facility or equipment, leading to the death of the patient.
– Failure to recognize and respond to medical emergencies or the patient’s deteriorating health conditions.
Who can file a wrongful death claim in a nursing home?
The laws regarding the eligibility to file wrongful death claims vary from state to state. Usually, wrongful death claims may be filed by the surviving spouse, children, or parents of the deceased patient. In some cases, close relatives and dependents of the deceased person may also file a wrongful death claim.
What compensation can I receive through a wrongful death claim in a nursing home?
Wrongful death claims may provide compensation for a variety of damages, including:
– Medical expenses incurred during the deceased person’s treatment.
– Funeral and burial expenses.
– Loss of financial support due to the person’s death.
– Loss of companionship and support provided by the deceased person.
– Punitive damages against the nursing home for their misconduct.
Get the Help You Need with a Nursing Home Negligence Attorney
If you suspect that your loved one’s passing resulted from neglect or intentional harm by nursing home staff, it is crucial to seek legal assistance promptly. Unfortunately, nursing homes don’t always accept responsibility for their actions, making wrongful death cases complex and contentious. Our highly experienced nursing home wrongful death lawyers are dedicated to fighting for justice, even when faced with aggressive defense from nursing homes. We will handle all aspects of your case, including evidence gathering, communication with the nursing home, negotiation, and, if necessary, representing you in court. While nothing can replace your loved one, at Gallon, Takacs & Boissoneault, we are committed to pursuing accountability and justice. Contact us at 419-843-6663 for a free consultation or fill out our online contact form.
Michael Bell, is Partner and Personal Injury Attorney at GT&B since 2007. His entire career has been committed to protecting the rights of those injured through no fault of their own. Mike concentrates his practice in the areas of car wrecks, trucking accidents, medical negligence, wrongful death, birth injuries, defective products, nursing home abuse & neglect, dog bites, construction accidents and slip & falls.
