Monday, September 25, 2023

Suing A Nursing Home For Wrongful Death

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How Indiana Nursing Home Fatalities Occur

Wrongful death lawsuit filed over nursing home resident’s coronavirus death

It is a hard but often necessary decision to turn the care of a loved one over to the staff of a nursing home. In Indiana, nursing homes are regulated by the Division of Long Term Care of the Indiana State Department of Health. They are supposed to be safe and caring environments for our loved ones final days. Often, that is not the case.

How Many People Have Been Affected By Nursing Home Coronavirus Deaths

Nearly one-third of all coronavirus deaths in the United States are linked to nursing homes, according to analysis by the New York Times, though they now make up only 4% of COVID-19 cases.

Nursing homes house a large, dense population of elderly residents, many of whom have comorbidities such as diabetes, high blood pressure, heart disease, obesity and compromised immune systems. Most nursing homes encourage group activities, such as shared dining areas, board games and card games, arts and crafts or physical fitness classes.

While these activities help prevent loneliness, they also offer prime opportunities for a disease such as COVID-19 to spread, especially when people are contagious before they even exhibit symptoms, and perhaps even a majority of those who can spread it never actually develop symptoms. While most all nursing homes halted or reconfigured each residents interactions with others upon learning of COVID-19s dangers, for many residents, they were not protected soon enough or adequately.

In addition to the dangers posed by living in such close quarters with other people, nursing home residents also could be exposed to the coronavirus by nursing home workers who often divide their work days over the course of several different facilities. Staff aids may unknowingly become infected and infect other nursing home residents before even knowing they are positive for COVID-19.

A Wrongful Death Lawsuit Can Help You Get Justice If You’ve Lost A Loved One Due To Negligence

It takes an amazing amount of trust to give the task of caring for our loved ones over to someone else, a non-family member, and most of the time a stranger. When this trust is violated, it can be shattering.

While nothing will ever make up for the loss of a loved one, it is critical to speak with a nursing home lawyer if you believe your loved one died as a result of someone else’s negligence.

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Support Our Firm Can Offer

When we represent your family, our team will assist you with many different aspects of the case. From answering your initial questions to representing you in court, having a lawyer by your side can make the process much smoother and give you the confidence you need.

Some of the ways that we will support you include:

  • Keeping you updated on the progress of your case
  • Identifying all liable parties
  • Determining a value for your case
  • Fighting to win the best possible case outcome for you

Suing A Nursing Home For Wrongful Death

Nursing Home Lawsuit Alleges Wrongful Death from Neglect ...

While a lawsuit cannot bring back your loved one or take away the pain of their loss, it is a vital step to ensure that the victims of the wrongful death are not left to handle exorbitant costs that are left in its wake. It also keeps nursing homes accountable for their behavior and can save the lives of other residents.

Well before a trial, the attorney will provide an estimate to the victims family to help them decide whether they wish to continue with the case or reach a nursing home wrongful death settlement. It is ultimately the familys decision, however, the attorneys help them determine a reasonable range of compensation. If the case does not settle, it will proceed to a civil trial. At trial, the attorneys will present the case to a jury or arbitration panel, explaining the loss of the decedent and how it could have been prevented through appropriate nursing home care.

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Damages Claimed By Surviving Family Members

Where surviving family members are concerned, New York State limits wrongful death damages to pecuniary losses, strictly financial forms of damage. For obvious reasons, these damages will depend almost entirely on the specific facts at issue in a case. That being said, most wrongful death lawsuits make claims for:

  • Funeral and burial expenses
  • Medical and nursing expenses incurred as a result of the decedents fatal illness or injury
  • Loss of social security benefits
  • Lost inheritance

Of course, the death of a loved one does not leave behind solely financial losses. You are also grieving a loss and, while many states allow survivors to secure compensation for that emotional suffering, New York does not. The State does not allow survivors to claim their own pain and suffering damages.

On this count, New York is in the minority of states. Most other states allow survivors to secure damages for their own emotional grief after a death. While it may not be fair, New York only provides for strictly quantifiable, or economic, losses in wrongful death claims .

This limitation can be a significant obstacle when the decedent was an elderly loved one. Some of the most common wrongful death damages, including wages lost by the decedent, are unlikely to be claimed in nursing home abuse and neglect cases. Loss of financial support is another major contributor to wrongful death damages, but nursing home residents are unlikely to be supporting others financially.

Nursing Home Wrongful Death Attorneys

To file wrongful death lawsuits, many people work with . These attorneys handle cases in which nursing home residents suffered serious injuries or passed away due to abusive or neglectful staff members.

You dont technically need an attorney to file a lawsuit, however, working with a nursing home abuse lawyer makes the legal process significantly easier.

Nursing home abuse lawyers:

  • Know how to file lawsuits within set deadlines and with the appropriate courts
  • Understand federal, state, and local elder abuse laws
  • Build strong cases on their clients behalf
  • Work quickly and effectively toward a conclusion

The best nursing home abuse lawyers also work on what is known as a contingency basis. This means they charge no upfront fees for their services and instead take a small portion of the compensation they secure for their clients at the cases conclusion.

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What Is A Nursing Home Abuse Lawsuit

A nursing home abuse lawsuit is the civil or criminal court process that a victim of mistreatment at a nursing home may go through to hold those who wronged them liable.

Sometimes victims are financially compensated for their injuries without the need to file a lawsuit. But if disagreements arise regarding who is at fault or how much a victim should be compensated, filing a civil lawsuit may be necessary.

Even then, most civil lawsuits end in settlements before a jury gives a verdict. Criminal trials are also often ended before a jury verdict through pleas.

A Nursing Home Wrongful Death Attorney Can Help

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The personal injury attorneys at Nursing Home Law Center LLC help families file legal action against negligent facilities that allowed their loved ones to die.

Each affiliated nursing home abuse lawyer in our organization is committed to seeking justice for your loss. From the time we are retained, we begin preparing a case for you to determine what happened and how the facility’s negligence contributed to your loved one’s death.

All of our nursing home wrongful death cases are handled on a contingency fee basis where we only receive a legal fee when we are successful in obtaining a recovery for you. You do not need to pay any fees or costs upfront.Our wrongful death attorneys will be on your side to figure out what happened and seek compensation on your behalf. Contact us today to discuss legal advice through a free case evaluation.

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Contact Berman & Riedel Llp To Discuss Your Nursing Home Negligence Case

Unfortunately, there is no way to provide average nursing home abuse settlements, although the case results above and an explanation of the factors involved in valuing a case may be helpful. The best way to determine how much your case may be worth is through a consultation with an experienced San Diego nursing home neglect lawyer.

Berman & Riedel, LLP has extensive experience handling all types of nursing home negligence cases throughout California. We have a well-earned reputation for advocating for nursing home residents and families and specialize in complex California nursing home litigation.

Contact our law office today for a free consultation with a prominent San Diego nursing home abuse lawyer to discuss how we can help you protect your loved one, seek justice, and recover the compensation your loved one deserves.

A Florida Wrongful Death In Nursing Homes Attorney Is Available To Help

Wrongful death cases in nursing homes are markedly different than other wrongful death cases. Beyond proving that a nursing home was negligent, a plaintiff must prove that this negligence specifically caused a residents passing. This can often be difficult in a nursing home since many residents have underlying medical conditions that nursing homes may use as a defense in an attempt to shift or avoid liability.

However, if you believe your loved one was the victim of nursing home abuse and neglect which led to their passing, then a Florida wrongful death in nursing homes lawyer could conduct a thorough investigation of your loved ones passing.

Dealing with the loss of a loved one is never easy, but a compassionate Florida nursing home wrongful death attorney can guide you through this difficult time. Call today to schedule a private and confidential consultation.

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Contact Our Indiana Nursing Home Abuse Attorneys If You Suspect Your Loved One Is Being Mistreated

One of the first steps you should take if you believe your loved one is a victim of nursing home neglect or abuse is calling our experienced Fort Wayne personal injury lawyers. You need a firm that is knowledgeable in handling complicated nursing home cases. At Wruck Paupore, we have the attorneys, staff, resources, and access to experts to investigate your claim. Call 322-1166 to schedule an appointment to evaluate your case.

Answers in as little as 3 minutes.

Time Limit For Wrongful Death Claims In New York

Nursing Home Wrongful Death

New York has a set of laws, known as statutes of limitation, that serve as a time limit for personal injury and wrongful death lawsuits. Wrongful death lawsuits can complicate this picture, since they often involve two separate causes of action, one initiated by the estate and the other initiated by surviving family members.

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Who Can File A Wrongful Death Lawsuit

Generally speaking, a seniors next of kin can file a nursing home wrongful death lawsuit against long-term care facilities and the larger companies that own them. Other loved ones also may be able to take legal action in the event of wrongful death in some cases.

Those who may be able to file a wrongful death lawsuit include:

Who Can File A Wrongful Death Nursing Home Lawsuit

A nursing home wrongful death lawsuit can be filed by anyone who suffered damage from the nursing home residents death. Oftentimes, this is the executor of the deceased persons estate, but not always.

Those who may be entitled to file a wrongful death nursing home lawsuit include:

  • Immediate surviving family members, such as spouses or life partners, children, and adopted children
  • Financial dependents or those who suffer financially due to lost support
  • Family members like sisters or brothers

When a resident dies because of nursing home negligence or intentional harm, a nursing home wrongful death lawsuit may be the best way for survivors to fight back.

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Financial Recovery From A Nursing Home Case

A financial recovery in a nursing home case comes either through a settlement or a judgment following a trial. Any financial recovery is typically disbursed to the injured party about 30-90 days after a successful settlement negotiation, mediation, or jury verdict. Some cases may take much longer because of payment plans by the defendant, appeals, complications resolving healthcare liens, or other actions after trial. It is important to remember that part of the disbursement process is also paying any outstanding medical bills, liens, and expenses. Once the disbursement is given to the plaintiffs attorney, it is then their job to negotiate and pay all outstanding debts before giving the final settlement payment to the plaintiff. If the case involves the death of a nursing home patient, the settlement may also need to be approved by a probate court. This process can take months in some cases.

How Long Do I Have To File A Wrongful Death Claim In Wisconsin

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In Wisconsin, the statute of limitations for wrongful death claims is generally three years. However, you only have two years to file a wrongful death claim if your loved one was killed in a motor vehicle accident.

If you lost a loved one due to someone elses negligence, it is important to take action as quickly as possible, regardless of the circumstances. The sooner you have an attorney working on your behalf, the sooner your lawyer can conduct an investigation, gather evidence to support your claim, and begin building your case.

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Dont Attempt To Fight Alone

Going after a nursing home and its insurance company without the help of an attorney is a mistake. A lawyer can subpoena facility and patient medical records, take depositions, and perform other actions that can help uncover the truthincreasing your chances of winning your case. The legal team of Wayne Wright LLP may be able to help you. Contact us today by calling to schedule your consultation to speak with a lawyer about your situation.

Who Can File A Nursing Home Wrongful Death Action

The spouse of a deceased person can bring forth a wrongful death action however, in a nursing home wrongful death case, it is possible there is no surviving spouse, or that this spouse is precluded from legal action based on incapacitation. As such, the right to bring forth a wrongful death suit would then fall to any surviving children if no children exist, then the personal representative of the nursing home resident who died may bring the claim.

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Nursing Home Abuse Lawyer In Greenville

If a negligent or abusive party caused the untimely death of your loved one, you have the right to seek justice on their behalf. Trusting the care of your loved one to a nursing home facility that does not exhibit the type of care you were led to expect is the worst type of betrayal.

Thenegligence or outrightabuse of an elderly person can be extremely harmful in an emotional,psychological, andphysical way, and the abusive party should always be held responsible for their actions. When those actions lead to the death of your family member or loved one, however, the case of abuse becomes one of wrongful death.

Types Of Damages You Can Recover In A Nursing Home Lawsuit

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To better understand how nursing home negligence settlements are calculated, the first step is understanding the types of damages you can recover.

There are three broad types of damages in a nursing home abuse case. When it comes to nursing home wrongful death settlements, additional types of damages can also be awarded.

What Is The Average Settlement For Nursing Home Neglect

How much is a nursing home abuse or neglect case worth? This question is impossible to answer as its based on a wide range of factors highly unique to the individual case. It also depends on whether the case actually settles or proceeds to a jury trial.

A settlement happens when both sides agree to resolve the case outside of court. This can happen before a nursing home lawsuit is filed or at almost any stage afterward the case is filed with the court. If a settlement isnt reached, the case will be heard by a jury who can issue a verdict if they agree with the plaintiffs case.

The vast majority of cases settle outside of court. Only jury verdicts are public record in California settlements are private and confidential. This means there are no statistics to tell us the average nursing home neglect settlement.

However, there are some figures that can shed light on the potential value of your case. In 2003, a study published in Health Affairs found an average nursing home settlement of $406,000. This was the average for cases that proceeded to a jury verdict. Thats $605,300 now after accounting for inflation.

This is only an average of jury verdicts not settlements. Because every case is unique, its important to remember that some cases are worth millions while others are worth less than $100,000.

What Is A Wrongful Death Claim

First of all, its important to note that in cases regarding a nursing home death, it may be possible for the decedent’s surviving family members to file both a wrongful death action and a survival action. Both are civil suits and can be made regardless of any criminal charges, even if a criminal case was not successful.

Wrongful death claims involve a situation in which another person or entity is responsible for someones death and is based on losses caused by a loved one’s death. A survival action is based on losses caused by the injury to the loved one, whether or not they survived. It is possible to file both types of claims if the situation warrants it.

In Pennsylvania, only the legal representative of the estate is entitled to bring a wrongful death action. This person is either someone named in the will or a surviving family member such as a spouse, child, or parent. If there are no surviving family members, another personal representative is permitted to file a claim.

In wrongful death suits, surviving family members may be able to recover the hospital, medical, funeral, burial, and estate administration expenses. The family can also attempt to recover the deceased individual’s future earning potential, the value of the services and comfort they would have provided to society, and minor children can often recover for the loss of the parents tutelage, guidance, and moral upbringing.

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