Can You Sue a Nursing Home for Wrongful Death?

Deciding to place a loved one in a nursing home is never easy. You hope for compassionate care and support to help them thrive. Sadly, finding out that your loved one was mistreated and, even worse, that they died because of nursing home negligence can be devastating.

Unfortunately, this scenario has become a tragic reality for many people.

A flood of emotions–guilt, anger, and uncertainty paralyze you, making the steps to accountability uncertain. Tragically, nursing home abuse is becoming more common for many families requiring round-the-clock care for a loved one. 

The team at Pierce Skrabanek provides support nationwide for nursing home wrongful death. Contact a nursing home abuse lawyer online or call (832) 690-7000. Get access to representation from a team committed to demanding accountability for your loved one's death.

Suing a Nursing Home for Wrongful Death

Can you sue a nursing home for wrongful death? Yes, but it can be challenging without proper support. Suing a nursing home for wrongful death is complex but possible and will require you to prove negligence on behalf of the nursing home. 

In order to take legal action for your loved one’s death, you must prove four essential elements. The wrongful death lawyers at our firm can help you establish these elements:

• The nursing home owed a duty of care.
• There was a breach in the duty of care.
• Injuries were the result of the breach of duty.
• You sustained damages as a result.

Proving these elements allows us to build a strong case against the nursing home for wrongful death. 

Our determination to secure critical information promptly begins when you contact our firm. Our verdicts and settlements demonstrate a lengthy experience of helping families seek compensation.

What Evidence Do I Need for Suing a Nursing Home for Wrongful Death?

Various forms of evidence may support a wrongful death claim. Securing this evidence may provide essential support for your claim:

• Medical records.
• Pictures or videos of wounds, unsanitary hygiene, or the condition of the nursing home.
• Clothing.
• Correspondence with nursing home staff.
• Witness statements and testimony.
• Independent medical exam records identifying warning signs of elder abuse.

The passing of time compromises vital evidence in your claim. That’s why it’s better to start your potential claim sooner rather than later. 

We are ready to take action and demand justice. Not all evidence in a nursing home claim is physical, and identifying all forms of abuse is our team’s goal. 

Who Can File a Nursing Home Wrongful Death Claim?

State laws define who can file a claim for nursing home neglect resulting in death. Laws vary from state to state. 

Some states allow certain family members to file a wrongful death claim, including: 

• Spouses.
• Children.
• The deceased’s parents.

Others require an executor or personal representative to take action. 

We know losing a loved one is incredibly difficult, and the last thing you want to think about is the legal specifics. Trying to balance the death of a family member while navigating a lawsuit can be a lot to handle.

The team at Pierce Skrabanek will help you figure out whether you are eligible to file a wrongful death case on behalf of your loved one while you focus on yourself and your family. Get in touch with us online or call (832) 690-7000 to understand your legal rights.

Do I Need to Hire a Wrongful Death Lawyer?

While legal representation isn't required, your results may be more favorable if you do.

A full evaluation of a wrongful death claim will take into account all the damages you experience. We work toward getting you the full amount of financial support for the suffering your loved one and you endured. 

Additionally, a nursing home attorney can advise on taxes spurred by settlement results. Our firm strives to impart important answers about wrongful death damages to clients and what laws apply to their claims. Our goal is to ensure your right to seek maximum compensation.  

Also, by working with a lawyer, you can rest assured that you won’t miss any filing deadlines. 

Each state's statute of limitations will determine how long you have to file a wrongful death claim. Failing to take action within this legal window will likely result in your inability to seek compensation. 

While many states allow a two-year time period to take legal action, others only provide one year to seek compensation for wrongful death. 

What Compensation May be Available in Nursing Home Wrongful Death Settlements?

The Pierce Skrabanek team understands your suffering and strives to secure the compensation you deserve by negotiating nursing home wrongful death settlements that provide fair compensation, including:

• Medical Expenses: Costs incurred for medical care before the resident’s death, including hospital stays, medications, and treatments.
• Funeral and Burial Costs: Reimbursement for the expenses associated with the funeral, burial, or cremation.
• Pain and Suffering: Compensation for the emotional distress, mental anguish, and physical suffering experienced by the deceased before death.
• Loss of Companionship: Compensation for the emotional loss of the companionship, care, and guidance provided by the deceased to surviving family members.
• Punitive Damages: If a nursing home is very careless or intentionally harmful, extra money may be given to punish them and prevent this from happening again in the future.

When negotiations fail to produce the results you deserve, we will relentlessly pursue a nursing home wrongful death case in court. Each case is unique, and potential compensation depends on your experience. 

Preventing Nursing Home Abuse

Your action may play a crucial role in preventing elder abuse in a nursing home environment. They can include:

• Regularly Visit Loved Ones: Frequent, unannounced visits allow you to observe their care and detect any signs of neglect or abuse.
• Build Relationships with Staff: Open communication with caregivers and staff can create accountability and help identify potential concerns early.
• Monitor for Warning Signs: Be aware of physical, emotional, and behavioral signs of abuse, such as bruises, sudden mood changes, withdrawal, or fear of specific staff members.
• Use Security Measures: Consider installing monitoring devices (where legal) in your loved one’s room to observe their treatment.
• Understand Resident Rights: Familiarize yourself and your loved one with their rights in the nursing home, including the right to safe and respectful care.
• Report Suspected Abuse Immediately: If you suspect abuse, contact the nursing home administration, adult protective services, or law enforcement to intervene.

Maintaining a watchful eye for the warning signs of abuse and documenting and reporting them can provide crucial protection for a loved one whose voice may remain silent without your intervention. 

For example, one of the first signs of negligence may be a loved one developing bed sores from lack of turning or repositioning. 

A bedsore lawyer from our firm can investigate whether negligence is a contributing factor to your loved one's injuries. We can seek compensation for bedsores or pressure ulcers as well.

Unwavering Support in Nursing Home Wrongful Death Claims

The team at Pierce Skrabanek recognizes the pain and loss you experience due to a nursing home's negligence.

Administrative staff can all be held accountable in wrongful death claims. This is primarily for failing to ensure a safe environment for your loved one. 

We’re here to listen to your story and provide relentless support whenever you need it. Schedule a 100% free, confidential consultation with our firm. Reach out by phone at (832) 690-7000 or online and let us handle the rest.