Do I Need a Wrongful Death Attorney to Sue a Nursing Home?

Neglect, abuse, failure to provide access to medical care, and poor conditions are just some unfortunate causes of nursing home deaths. Nursing home staff have a duty to protect and care for the people who stay there. You can sue a nursing home for wrongful death in a variety of circumstances. It can help cover medical and funeral expenses. This won’t eliminate the pain of losing a loved one, but a wrongful death attorney can determine if the facility is liable for compensating you financially.

Examples of Wrongful Death

 The job of nursing home care providers and administrators is to help and protect residents. The first step to filing a lawsuit is to know whether wrongful death is a factor. Examples include the following:

  • Assault by a staff member
  • Failure to curb violence among residents
  • Medication errors
  • Dehydration
  • Malnutrition
  • Lack of fall prevention measures
  • Improper medical care
  • Bedsores, sepsis, and other medical conditions
  • Poor training, understaffing, and other staffing issues

Who Can Sue a Nursing Home for Wrongful Death? 

If a loved one has been lost due to the carelessness of nursing home staff, a wrongful death lawsuit can be filed by:

  • Someone Identified in the Deceased’s Will: May point to a surviving family member or a representative of the estate with the power to hire a wrongful death attorney and file a lawsuit. The court will typically give a next of kin this power if a representative is not appointed by a will.
  • Immediate Family Member: Anywhere in the United States, a spouse, child, or close family member can file a wrongful death lawsuit against a nursing home. Life partners, common-law spouses, and financial dependents may take legal action as well.
  • Extended Relatives: In some states, parents, brothers, and sisters can file a lawsuit on behalf of the decedent. Cousins and other extended relatives can as well, depending on the nature of their relationship with the victim (especially if they suffered some type of financial harm from the loss).

How to File a Wrongful Death Lawsuit Against a Nursing Home

Wrongful death lawsuits are often difficult and complex. Nursing homes can have powerful legal defense teams. By hiring a wrongful death attorney, your rights can be defended by someone with experience taking these adversaries head-on. Filing a wrongful death lawsuit requires proving the nursing home was legally bound to care for the resident, breached its duty of care, and committed the harmful acts alleged by the plaintiff. One must also prove these acts caused direct harm to the resident.

The first step to filing a lawsuit is to hire a lawyer. A personal injury attorney has the experience to represent you and may offer a free consultation to evaluate your case. Lawsuits are expensive, so it’s always better if the cost of litigation is covered until the attorney wins the case.

Pleading is when the lawsuit is filed with a civil court. The defendant will have a chance to respond to your claims with an explanation of their side of the story. Next is discovery, when both parties obtain information from each other to strengthen their arguments. Wrongful death cases are often settled out of court. However, the case may proceed to trial if neither party can agree on a fair amount of compensation, which will then be decided by a judge or jury verdict.

 

File Your Nursing Home Lawsuit with an Experienced Attorney

In California, there’s a two-year statute of limitations on filing a personal injury lawsuit against a nursing home. The Law Offices of Jacob Emrani specializes in wrongful death cases in Southern California. Our legal team has all the knowledge and expertise to prove wrongful death and hold a nursing home financially responsible for the loss of a loved one. To speak with our wrongful death attorney, call 888-970-1338 today.

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