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Nursing Home Wrongful Death Cases Explained

The death of a loved one is a difficult time for family and friends. Your suffering can be made more difficult if your loved one suffered from a wrongful death while in a nursing home. A wrongful death is one in which your loved one would still be alive if they had received proper care and not neglect or abuse.

If your loved one suffered a wrongful death while in a nursing home, you can file a wrongful death suit with the help of an attorney. While winning a suit never makes up for the pain and suffering of losing your loved one, an award can help cover medical and funeral costs and provide you with a type of closure.  

The elder abuse attorneys at MSW Law Group bring years of experience to nursing home wrongful death cases and claims. If you think your loved one suffered a wrongful death, contact us today for a free evaluation of your case. 

What Does Nursing Home Wrongful Death Mean?

Wrongful deaths in nursing homes may occur when a resident dies due to abuse or neglect on the part of the nursing home, its administrators or staff members. Unfortunately nursing home abuse and neglect is common. Nursing home statistics show that more than 40% of nursing home residents have reported abuse, and more than 90% report they or another resident of the facility have been neglected.

Common Causes of Wrongful Deaths in Nursing Homes

Wrongful deaths in nursing homes can arise from many different causes. Some are easier to spot than others. Some of the most common causes include:

  • Assault
  • Broken bones
  • Malnutrition and Dehydration
  • Improper medical care
  • Lack of fall prevention
  • Medication errors
  • Pressure ulcers (bedsores)
  • Infection

Many of these harmful conditions arise when a nursing home is understaffed or employs staff who are inadequately trained.

Steps to Filing a Lawsuit for Nursing Home Wrongful Death

There are several steps involved in filing a successful lawsuit for a nursing home wrongful death. An experienced attorney helps you through each of these steps and give you the greatest chance of getting the compensation you deserve.

Hire a Lawyer

First of all, you will want to find and hire an experienced lawyer. You should receive a free consultation with any lawyer you are considering and have a better understanding of the facts of your particular case and the likelihood of success before deciding to proceed.

Filing / Pleadings

Your lawyer will file your lawsuit both within the statute of limitations and in the appropriate court system.

Discovery

Once your lawsuit has been filed, your lawyer will begin to gather the evidence needed to prove your claim. This stage of the suit is called discovery. This stage may include the collecting of eye witness accounts, arranging for expert testimony, and reviewing all written material pertinent to your case.

Settlement

It is possible the parties to a wrongful death suit will begin negotiations to try and settle the lawsuit. Your attorney will handle these negotiations and will work to get you the best settlement possible. If such negotiations fail, your case may go to trial. 

Who Can File a Nursing Home Wrongful Death Case?

If a loved one has suffered a wrongful death in a nursing home, there are several parties that may be qualified to file a suit to recover compensation and damages.

Immediate Family

In every jurisdiction within the United States, immediate family members can file a nursing home wrongful death claim.  Immediate family includes children, spouses, life partners, common-law spouses.  

Extended Family

Some states allow extended family members to file a claim on behalf of the deceased.  Extended family may include siblings, cousins, and parents. 

Other Loved Ones

Other loved ones who suffered financially or who were financial dependents of the deceased may be eligible to file a nursing home wrongful death suit. 

Proving Wrongful Death in a Nursing Home

To prove a claim for nursing home neglect or wrongful death, you need to show the facility was negligent in their duty of care. All nursing home facilities and their staff are to meet standard safety protocols and all legally mandated regulations and requirements. Failure to meet these standards is considered negligence.  

Settlements vs Trials for Nursing Home Wrongful Deaths

Most nursing home lawsuits for wrongful death end up settling before going to trial. The advantage of a settlement is it is generally faster and less taxing than taking your case to court. An experienced attorney ensures you do not accept a settlement that is too low or unjust and that you are adequately compensated for your loss.

How a Nursing Home Wrongful Death Attorney Helps

A good nursing home wrongful death attorney will help you through what is for most people a difficult and overwhelming time. Your attorney keeps on top of all filing deadlines, collects evidence, builds a strong case on your behalf, and works quickly to get you the best resolution possible.

Talk with a Nursing Home Abuse & Wrongful Death Lawyer

If your loved one suffered a wrongful death, talk with a nursing home abuse and wrongful death lawyer today. The attorneys at MSW Law Group will evaluate your case for free and will start fighting for you immediately.

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