Nursing Home Wrongful Death

Neglectful or abusive nursing home staff members may mistreat residents, leading to a preventable death. If you lost a loved one due to nursing home wrongful death caused by neglect or abuse, you may be able to file a lawsuit and pursue justice and compensation.

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Why Take Legal Action?

By filing a nursing home abuse lawsuit, you can seek financial compensation and justice from those who caused you or a loved one harm.

Results Secured

$2.2 million for a Rhode Island resident who had a heart attack
$2 million for the family of a California patient with dementia who passed away due to negligence
$1.5 million for a woman in Minnesota with stage 4 bedsores

Written by: Rae Theodore

Last updated: Aug 26, 2024

Fact-Checked and Legally Reviewed by: Julie Rivers

About Wrongful Death in a Nursing Home

Wrongful death in a nursing home occurs when a nursing home patient passes away due to neglect or abuse by staff members or health care providers within the facility.

These tragic incidents rob families of precious time they could have spent with their loved ones during their golden years.

When wrongful death in a nursing home occurs, families may be able to file a lawsuit to get compensation for their loved one’s pain and suffering while holding those responsible accountable.

We can connect you to a top nursing home wrongful death attorney if you qualify. Get a free case review now.

Causes of Nursing Home Wrongful Death

In nursing homes and long-term care facilities, the primary causes of wrongful death often stem from abuse or neglect. Injuries that result from mistreatment, like infections or bedsores, can worsen and become life-threatening.

Examples of nursing home abuse and neglect that can lead to wrongful death include:

Depriving a resident of adequate food and water, leading to dehydration or malnutrition
Failing to treat bedsores (pressure sores or pressure ulcers), causing sepsis (blood infection) or other medical conditions
Failing to keep areas free of clutter and safe for residents, which may cause a fall
Neglecting to give a patient medication or giving them the wrong drug or dosage
Not regularly checking on a bedridden patient
Physical abuse by a staff member that results in fatal injuries

Many other causes of nursing home abuse can lead to wrongful death, especially if a resident is frail or in poor health.

Can I File a Wrongful Death Nursing Home Lawsuit?

To file a nursing home wrongful death lawsuit, you must have been personally affected by a loved one’s wrongful death in an assisted living facility.

In many nursing home wrongful death cases, the deceased person’s estate files the lawsuit.

Parties who may be able to sue a nursing home for wrongful death include:

The deceased’s estate representative
Immediate family members (spouse, partner, and children)
Other family members (siblings)
Financial dependents

However, this is not always the case, as the rules may differ from state to state.

The best way to find out if you’re eligible to file a lawsuit is to contact a nursing home wrongful death attorney.

If you suspect that a loved one’s death was caused by nursing home abuse or neglect, LawFirm.com may be able to help. Chat with one of our case managers right now to share your story and explore your options.

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Legal Process for Nursing Home Wrongful Death Cases

A wrongful death lawsuit against a nursing home is a powerful way to send a message to a care facility that their negligence won’t be tolerated.

It can also provide a sense of closure to grieving families and protect other nursing home residents from similar harm.

Many families may be reluctant to take legal action, thinking they don’t have the time or energy to deal with a lawsuit. However, the attorneys that LawFirm.com works with make the process as easy and stress-free as possible.

Learn more about the steps involved in suing a nursing home for wrongful death.

1. Get a Free Case Review

Contact LawFirm.com and get a free consultation to determine your eligibility to file a lawsuit. During this process, a compassionate Case Manager will ask questions about what happened and connect you with an experienced lawyer if you qualify.

2. Build Your Case

Next, your legal team will investigate your case and gather evidence to prove that your loved one’s death was preventable and that the assisted living facility is to blame.

This evidence may include:

Autopsy report
Death certificate
Medical records
Nursing home incident reports
Witness statements

3. File Your Nursing Home Death Lawsuit

Your nursing home wrongful death lawyer will file your wrongful death claim in the proper court and before any legal deadlines. They will ensure your rights are protected and keep you updated on your case every step of the way.

4. Negotiate a Settlement

Your lawyer will try to negotiate a settlement with the nursing home and any other parties responsible for your loved one’s death.

Settlements give families access to compensation that they can use to pay for their elderly relative’s funeral expenses, outstanding medical bills, and more.

If the nursing home facility refuses to pay what you’re owed, your legal team will be prepared to fight for your family in court.

Nursing Home Wrongful Death Settlement Amounts

An empty wheelchair in a nursing home Most nursing home wrongful death cases are resolved by settlements. As a result, families may be able to access compensation without going to court or waiting for their chance to be heard by a judge and jury.

The attorneys in the LawFirm.com network have secured over $280 million for families affected by nursing home neglect and abuse.

Payouts our legal partners have recovered for nursing home wrongful death include:

$2 million for a California man whose bedbound wife with dementia passed away
$1.75 million for a mother whose daughter passed away due to an Ohio facility’s negligence
$1 million for a woman whose mother passed away as a result of nursing home negligence in California
$575,000 for a Massachusetts woman who lost her mother

A nursing home abuse attorney will fight for the maximum amount of compensation your family is entitled to under the law.

Factors That Affect Nursing Home Wrongful Death Settlements

Wrongful death nursing home settlements vary in amount, depending on various factors.

These factors include:

Age of the victim
Health status of the person when they died
Medical expenses related to injuries from the abuse or neglect
Number of dependents the person has and their ages
Severity of elder abuse or neglect
State laws

Get a free case review to see if a lawyer in our network can help you pursue a settlement and get justice for your loved one.

Nursing Home Wrongful Death Statutes of Limitations

The amount of time you have to file a lawsuit for wrongful death in a nursing home depends on the statute of limitations in your state for such cases.

In most states, the statute of limitations for nursing home wrongful death cases is 2-3 years from when the person passed away.

Once this time limit has expired, you won’t be able to take legal action and get justice for the loss of your loved one.

For that reason, it’s important to contact a nursing home abuse lawyer as soon as possible. They can tell you about the deadline in your state and act quickly to get your lawsuit filed in time.

Get Help With a Nursing Home Wrongful Death Case

Wrongful death in nursing homes is a preventable tragedy that robs families of precious time they could have spent together.

While a successful lawsuit can’t bring back a loved one, it can provide families with a sense of closure and allow them to move forward with their lives.

The nursing home law firms in the LawFirm.com network have recovered over $280 million for families affected by abuse and neglect.

These firms have decades of experience, can handle nursing home abuse cases in all 50 states, and never charge any upfront or hourly fees.

Take the first step toward justice: Contact us at (888) 726-9160 for a free case evaluation.

Wrongful Death Lawsuit Nursing Home FAQs

Who can file a nursing home wrongful death lawsuit?

The deceased person’s surviving family members or estate representative typically files a nursing home wrongful death suit.

An attorney can explain the laws that apply in your state and give you legal advice on how to proceed.

What is the meaning of wrongful death?

A wrongful death is one that could have been prevented.

Examples of nursing home abuse that can lead to wrongful death include:

Failing to provide necessary medical care
Medical malpractice
Medication errors
Neglecting residents’ basic needs
Not checking on bedbound patients

How much is a nursing home wrongful death settlement?

The amount of compensation families may get for nursing home wrongful death cases depends on the specific circumstances of each case.

It’s not unusual for these cases to settle for $1 million or more, especially when a resident’s death is caused by abuse or neglect that is especially appalling.

Do you need a lawyer for a wrongful death lawsuit for nursing home abuse?

It is highly recommended that families work with a nursing home abuse lawyer when suing a nursing home for the wrongful death of a loved one.

Nursing home wrongful death cases are complicated, and an experienced lawyer can ensure the lawsuit is filed correctly while fighting for the maximum compensation available.

They can also handle all aspects of a case so families can start the healing process.

How much does a nursing home wrongful death lawyer cost?

There are no upfront or out-of-pocket fees to work with top nursing home wrongful death lawyers.

Instead, these lawyers get paid by taking a percentage of any compensation they secure for clients. If they fail to recover any money, you pay nothing.

Contact LawFirm.com at (888) 726-9160 and see if you can work with a top nursing home abuse attorney.

Fact-Checked and Legally Reviewed by: Julie RiversEldercare Advocate

Editor

Julie Rivers is a dedicated eldercare advocate with over 15 years of experience in nursing home neglect and abuse cases. Inspired by her mother’s battle with Alzheimer’s, she blends legal expertise and personal passion to support victims. An MBA graduate and active Alzheimer’s Association volunteer, Julie fights for better eldercare policies and justice for affected families.