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Those injuries should be prevented and/or diligently treated to ensure they aren’t fatal. Nursing home staff often hide or ignore injuries, which can ultimately lead to serious consequences for the victims. In the same report, 95% of residents claimed they were neglected or witnessed the neglect of other residents. Those nursing home residents who have been abused or neglected have an extremely high risk of fatal injuries or illness. Our attorneys handle all accepted nursing home wrongful death cases on a contingency fee basis.
A lawyer’s review of the medical records is vital and can give you early insight into the best course of action for your case. These records are what will make up the initial investigative stages of your wrongful death suit and give you the information you need to decide how to proceed. When you at least take the first steps and investigate your wrongful death concerns, you can make an informed decision as to whether or not you want to follow through with a lawsuit. Yes, you and other close family members that have been affected by a nursing home can sue a nursing home for wrongful death if your loved one died. If you lost a loved one due to nursing home neglect or abuse, first and foremost, I am sorry for your loss. You need time to grieve, find balance, and collect yourself before moving forward.
Nursing Home Wrongful Death Lawsuit Timelines
The legal process cannot bring back or relieve the pain caused by losing someone to death. However, the lawsuit will provide a crucial step to ensure that the victim’s family does not have to deal with the disproportionate costs of the accident. Settlements are reached in most cases alleging abuse in nursing homes. Victims of nursing home abuse may be able to avoid going to trial and still receive compensation through a settlement. Working with a reasonable attorney can guarantee your case’s largest nursing home settlement. A nursing home aide rolled a frail resident aside to change the sheets, but the force of the roll caused the woman to fall and hit her head on the floor.
Different types of lawsuits may be filed depending on the circumstances surrounding the abuse or neglect. These damages include compensation for the pain and suffering that the defendant’s actions caused. Values for non-economic compensatory damages are harder to determine. They depend largely on a lawyer’s research, experience, and assessment of the case. Regardless of who filed the wrongful death lawsuit, the proceeds of the wrongful death settlement or verdict must be paid to all heirs of the decedent. It takes a skilled legal expert to tackle a wrongful death case against an institution like a nursing home and its insurance company.
What Causes Nursing Home Wrongful Death?
In most states, you have less than three years from the date of your loved one's death to file a claim, while others allow filing up to five years. In 2018, one wrongful death settlement came close to $400 million dollars when individuals died in a medical facility. Through a settlement, the nursing home agrees to pay a set amount of money and the lawsuit concludes without going to trial. Steps must be taken in your wrongful death lawsuit to ensure that the case is going through all the needed stages to be strong.
A nursing home settlement value may be affected by the following factors in addition to the specific evidence and details of the case. Age and earning potential of the victim are also considered, as a young person would still have many years of earning potential had they not passed away. Nursing Home Justice, led by attorney Mac Hester, has the resources and knowledge to achieve your goals. Some cases are much lower than this, which happens more often when there is a settlement on a case where the variables and negligence are not as severe. When you’re litigation against medical professionals, you are often the underdog and this can negatively impact your settlement value. It is very likely that the nursing home itself will also be sued as it was directly responsible for caring for your loved one.
Talk with a Nursing Home Abuse & Wrongful Death Lawyer
However, in most cases, the deceased’s estate’s representative will file a wrongful death lawsuit. In most cases, wrongful death settlements may range between $300,000 and $200,000; in some circumstances, they might be much higher. In 2018, the compensation for victims of death at hospitals reached more than $400 million. Legal action for nursing home abuse or neglect is essential in recouping financial losses caused by the nursing home or facility.
About 10 percent of nursing home residents who fall experience serious complications. All types of elder abuse harm an individual’s health and can increase the likelihood of death. In addition to the abuse, if the individual doesn’t receive proper medical care, their health can quickly deteriorate. According to the NCEA, elders who experience even a small amount of abuse have a 300 percent higher risk of death compared to individuals who aren’t abused. Elder abuse may include the emotional, physical, sexual, or financial mistreatment of an elderly individual by someone in a position of power.
Furthermore, people’s needs can be caused by a lack of instruction. The facts surrounding the fatal accident and the extent of the victim’s pain in the moments leading up to their passing will be taken into account by the courts. A top law firm can help see how statutes of limitations and other jurisdictions may affect your case and its value. If a victim wins a breach of contract claim, they may be able to get back any fees they paid to the nursing home. Settlements offer a relatively fast and secure way to access compensation. Successful trials may award more or less compensation than a settlement.
For example, a group home resident burned to death after lighting a cigarette and falling asleep. The resident’s brother then filed a lawsuit claiming that caretakers could have prevented the death. You should also look for issues like understaffing or poor training, which increase the risks of nursing home abuse, neglect, or wrongful death.
This information will then help you decide whether you should settle or your should go to trial. An expert’s review can allow for more insight and even stronger determination of whether or not a case should be settled or filed and fought. Again, this is not a full list as specific cases will need to be looked at within your own state’s laws and norms to determine what potential there is for your individual claim.
In addition to a wrongful death action, you may be able to file a survival action, which would offer compensation for losses your loved one incurred due to their injuries. Damages – The victim’s family must suffer losses, or damages, because of their loved one’s death. Explains who can sue for wrongful death and how to file a wrongful death lawsuit. After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition.
The lawyer will provide the family with financial assistance to determine if the family wishes to proceed in wrongful death proceedings if the victim wants to recover damages. A nursing home abuse lawyer can estimate how much money you’ll receive through a wrongful death settlement. For example, every state has statutes of limitations that prevent people from filing lawsuits after a certain span of time has passed . This means you may not be able to get any money at all if you wait too long to take legal action — even if your case is valid. The value of a nursing home abuse case may vary based on what type of case a victim pursues.
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