Wed. Sep 18th, 2019

Understanding Your Rights After Wrongful Death at a Nursing Home

2 min read

You have likely heard the term “wrongful death” before. It’s used for describing situations when an individual has died due to the conduct or behavior of another individual or agency.

In a nursing home setting, most wrongful death lawsuits coincide with cases of alleged or proven nursing home abuse or negligence. If you believe your loved one may have been a victim of wrongful death, it’s best to contact our legal services to find out if you have a case. We can review the facts and help determine if you or your family is due compensation because of the negligence or wrongful act of the nursing home entity, or staff.

Who Has the Legal Right to Sue for Wrongful Death?

The regulations related to wrongful death in nursing homes vary. There are some limitations regarding who can file this lawsuit.

Some of the individuals who have the legal right to file a wrongful death lawsuit after losing someone due to nursing home abuse or neglect include:

  • Immediate family members: Immediate family members can file a lawsuit for a wrongful death in all states. This includes the deceased person’s spouse, parents (if unmarried), or children. All these individuals are thought of as immediate family when it comes to wrongful death lawsuits.
  • Putative spouses, financial dependents, or life partners: If you fall into these categories, you may be able to file a lawsuit. A putative spouse is those who believe they were legally married to the individual who passed away.
  • Distant family members: Sisters, brothers, grandparents, and other relatives may be able to file this lawsuit, but it’s best to consult with an attorney to find out for sure.
  • Those who have suffered a financial loss: If you have experienced a financial loss due to the death of a loved one you may have the right to file a wrongful death lawsuit against the nursing home facility responsible.

Wrongful Death Lawsuits Against a Nursing Facility

When someone suffers wrongful death in a nursing facility, it could be due to several causes. The wrongful death could have been caused by a staff-members willful abuse. It could also be due to negligence from staff members at the nursing home. These individuals may not have performed their job properly, which resulted in the death of an elderly individual who was trusted to their care.

Filing Your Case for Wrongful Death in a Nursing Home

Wrongful death is a serious issue for nursing homes of all types and sizes. It is the responsibility of nursing homes to ensure they are properly staffed by those who can provide the level of care required by the residents.

If you believe you may have a case, make sure to contact our legal team at ASP&S by calling (330) 792-6033. We can review the facts of your case and help you pursue legal action.

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