What Is a Wrongful Death in a Nursing Home?
When a resident dies in a care facility due to negligence, it may be considered a nursing home wrongful death.
Nursing home residents and their families rely on facilities to provide high-quality care. When this doesn’t happen, it can have fatal consequences.
Losing a loved one is hard enough. If their death was caused by nursing home neglect or abuse, it can be agonizing to know they might still be alive if they received proper care.
Families affected by a nursing home wrongful death may be able to file a lawsuit against the facility, administrator, and nursing home staff members to get justice.
Through a wrongful death lawsuit against a nursing home, families can get financial compensation for unpaid bills, funeral expenses, and more. It can also bring a sense of closure by holding the negligent facility and its staff accountable.
In a landmark case, a California nursing home was ordered to pay $42.5 million for the wrongful death of a 77-year-old resident for unauthorized daily use of the sedative Ativan.
The Nursing Home Abuse Center partners with an extensive network of experienced nursing home attorneys across the country. Together, they have recovered over $304 million for families harmed by negligent facilities, including nursing home wrongful death cases.
We can help families in all 50 states. If you believe your loved one’s death could have been prevented with proper care in a nursing facility, don’t wait to take action.
Get a free case review right now to find out if you may be eligible.
Fight back against nursing home abuse and neglect — start now with a free case review.
Start My Free Case Reviewor call (855) 264-6310
Recent Nursing Home Wrongful Death Lawsuit Payouts
Wrongful death nursing home compensation is awarded through settlements and trial verdicts.
Most of these lawsuits are resolved out of court through wrongful death nursing home settlements. Payouts vary and depend on the specifics of the case, but some are worth over $1 million.
Recently reported nursing home wrongful death payouts include:
The best way to determine the value of your potential nursing home wrongful death settlement or verdict is by getting a free consultation.
Our caring patient advocates are available 24/7 and can help determine if you are eligible to file a wrongful death nursing home lawsuit.
Call (855) 264-6310 right now or Click to Live Chat to get a free case review from a member of our team.
What Causes Nursing Home Wrongful Death?
Nursing home wrongful death cases are caused by the failure of a care facility to protect a resident from harm. This could be through negligence, nursing home abuse, or assault by another resident.
A nursing home wrongful death could be caused if a facility:
- Allows preventable and deadly falls to occur
- Does not provide sufficient nutrition, causing malnutrition or dehydration
- Fails to prevent or stop resident-on-resident violence or physical abuse
- Ignores life-threatening medical conditions like sepsis (blood infection)
- Makes medication errors, like giving the wrong drug or dosage
- Neglects pressure ulcers that advance to stage 4 bedsores
- Permits nursing home elopement (wandering from the facility)
A notable example of nursing home wrongful death occurred when 12 residents died from heat exposure after a hurricane destroyed a facility’s air conditioning.
This tragedy happened even though a hospital was only 100 yards away. Prosecutors charged four nursing home employees with manslaughter.
Cases of nursing home neglect leading to death continue to make headlines. Therefore, families should know how to take action to put an end to the suffering, such as connecting with a law firm to pursue justice and compensation.
Get a free case review right now to find out if you can file a nursing home wrongful death lawsuit.
Fight back against nursing home abuse and neglect — start now with a free case review.
Start My Free Case Reviewor call (855) 264-6310What Is a Wrongful Death Nursing Home Lawsuit?
A wrongful death nursing home lawsuit is a legal action taken against a facility for causing a resident’s death due to negligence or misconduct.
Nursing home negligence cases cause devastating emotional and financial strains on unsuspecting residents and their loved ones. When this happens, many families choose to take legal action.
Filing a nursing home death lawsuit can:
- Award families financial compensation to pay for unpaid bills and funeral expenses
- Demand that the nursing home improve its level of care so other residents stay safe
- Hold the facility financially responsible for a death that should have been prevented
It’s important to understand that if a nursing home resident files a personal injury lawsuit but passes away while their case is still open, their family may be able to continue it as a wrongful death lawsuit.
For many families, suing a nursing home for wrongful death is a way to demand accountability, honor their loved one’s memory, and protect other residents from similar harm.
Call us right now at (855) 264-6310 to find out if we can help you start the process.
Compensation in Nursing Home Wrongful Death Lawsuits
When a loved one passes away due to nursing home negligence, family members are often faced with unforeseen expenses. No family should have to bear the weight of nursing home neglect resulting in death on their own.
By filing a wrongful death lawsuit against nursing homes, family members may be able to receive the financial compensation they need.
This money is awarded through wrongful death nursing home settlements and trial verdicts to lessen the severe financial and emotional impact of a loved one’s death.
Nursing home wrongful death compensation may include money for:
- Funeral expenses
- Loss of consortium (covers the emotional impact of losing a loved one)
- Medical bills stemming from the nursing home’s negligence
- Pain and suffering
- Punitive damages (to punish the facility for negligent practices)
The Nursing Home Abuse Center works with a national network of skilled personal injury lawyers with experience handling nursing home cases.
Our trusted partners will thoroughly investigate your claim and get you the maximum compensation available if you qualify.
Call us right now at (855) 264-6310 or Click to Live Chat to get started.
Who Can File a Wrongful Death Nursing Home Lawsuit?
Generally, the next of kin can file a wrongful death nursing home lawsuit. In some cases, other loved ones may be able to take legal action in the event of a nursing home wrongful death.
Claims are usually filed against long-term care facilities, the larger companies that own them, and their insurance companies.
Learn more about who may be able to file a wrongful death nursing home lawsuit.
Surviving Spouse and Children
Immediate family members like spouses and children (including adopted children) can often pursue nursing home wrongful death claims.
In some states, financial dependents, life partners, and putative (good faith) or common-law spouses may also be able to file.
Most states give immediate family priority to file a wrongful death nursing home lawsuit.
Other Family Members
If someone passes away without a spouse or children, other relatives like siblings or parents are often next in line to have legal rights.
If there are no close relatives, distant family members like cousins, nieces, nephews, aunts, uncles, or grandparents may be able to file a wrongful death nursing home lawsuit.
Executors and Personal Representatives
In some states, the lawsuit must be filed by the decedent’s estate. If there is a will, the personal representative of the estate usually files the lawsuit.
Sometimes, non-relatives like civil partners, dependents, or executors of wills, can file nursing home wrongful death cases if they have been financially impacted by the resident’s death.
People Who Have Suffered Financially
Depending on the state where the death occurred, anyone who has suffered a financial loss may be able to file a wrongful death nursing home lawsuit. This may be true even if they are not related to the deceased resident.
Find out if you may be eligible to file a wrongful death nursing home lawsuit right now.
When Can I File a Nursing Home Wrongful Death Lawsuit?
Consider taking legal action right away if you suspect your loved one’s death could have been avoided with proper care in a nursing facility.
Laws called statutes of limitations set strict deadlines for filing legal claims, typically within 3 years or less after the victim’s death.
It is extremely important to remember that the laws governing a wrongful death nursing home lawsuit will vary from state to state. There are limits on who can file these lawsuits and how much time they have to do so.
Consult with an experienced nursing home wrongful death lawyer to learn how the various laws in your state may impact your case.
What Evidence Is Needed in a Wrongful Death Nursing Home Lawsuit?
The evidence needed to prove a nursing home wrongful death case varies by state. Each state has its own specific burden of proof to show the death could have been prevented.
Generally, the evidence must prove the care facility was legally obligated to protect the resident’s safety but did not do so, and that this resulted in the resident’s death.
Evidence that can help a nursing home wrongful death case may include:
- Copies of correspondence with nursing home administration
- Medical records that show resident care was inadequate
- Photos of injuries, like advanced pressure sores
- Timeline of the abuse leading up to death
- Videos of caregivers abusing a resident
- Witness statements from staff or other nursing home residents
- Written accounts from health care providers
If you qualify to work with our trusted network of nursing home wrongful death lawyers, your legal team will handle all the heavy lifting for you. They will work with you to gather the evidence needed to build the strongest case possible.
Find out if we can help you right now with a free case review.
Fight back against nursing home abuse and neglect — start now with a free case review.
Start My Free Case Reviewor call (855) 264-63105 Steps to Filing a Nursing Home Death Lawsuit
Wrongful death nursing home lawsuits typically follow a specific process, allowing families to seek justice and compensation.
Generally, these are the 5 steps to file a nursing home wrongful death lawsuit:
- Free consultation: Top nursing home abuse law firms offer free case evaluations to determine whether a claim is valid.
- Collect evidence: Your legal team carefully evaluates the details of your case to see if the facility or staff could be held responsible. They will gather medical records, bills, expert opinions, and other evidence to build a strong lawsuit.
- File the nursing home wrongful death lawsuit: Your lawyer files the lawsuit with the proper court and within your case’s specific deadlines.
- Settlement negotiations: Your nursing home lawyer will work to secure the highest compensation amount without going to court.
- Court trial: If a settlement isn’t reached, your lawyer will take your case to court to continue fighting for your family by seeking a favorable trial verdict.
If you’re considering filing a wrongful death nursing home lawsuit, a knowledgeable attorney can guide you through each step. They can help secure the best possible outcome for your case.
Hiring an experienced nursing home wrongful death attorney allows you to focus on grieving the loss of your loved one.
Meanwhile, your legal team will work tirelessly to secure the financial support and justice your family deserves.
Nursing Home Wrongful Death Attorneys
Many people work with nursing home abuse lawyers to file wrongful death lawsuits.
Working with a nursing home wrongful death lawyer to file a lawsuit makes the legal process significantly easier and less stressful.
Nursing home abuse lawyers:
- Collect evidence to build the strongest case possible on your behalf
- Know how to file lawsuits within set deadlines and with the appropriate courts
- Understand federal and state elder abuse laws that could affect your case
- Work quickly and effectively toward a successful conclusion
It is important to hire a nursing home wrongful death attorney who works on a contingency fee basis. This means they do not charge upfront or hourly fees for their services, so you don’t pay anything out of pocket.
Your lawyer is compensated only if your case is successful. Then they receive a portion of the money you are awarded.
Get Legal Help for a Nursing Home Wrongful Death
Wrongful death in a nursing home is something that no family should ever have to experience. However, all too often, nursing homes fail to provide even the most basic care to the residents they are entrusted to keep safe.
Filing a nursing home wrongful death lawsuit can help families get back on their feet. While money cannot make up for the emotional loss, it can help cover the associated medical and funeral expenses.
A wrongful death lawsuit also sends a powerful message to the nursing home and its employees: Things must change, and no other families should suffer.
Our experienced legal partners can help families in all 50 states. Together, they have helped recover over $304 million, including payouts from nursing home wrongful death lawsuits.
Call the Nursing Home Abuse Center at (855) 264-6310 right now or get a free case review to see if you qualify to file a nursing home wrongful death lawsuit.
Nursing Home Wrongful Death FAQs
What is a wrongful death in a nursing home?
A nursing home wrongful death happens when the negligence of a facility and its staff causes a resident to die. This could include neglect or intentional harm, such as abuse by staff or other residents.
For a death to be legally considered wrongful, it must be proven that the facility had the duty to protect the resident but failed to do so.
Can you sue a nursing home for wrongful death?
Yes, you can sue a nursing home for wrongful death if neglect or abuse led to your loved one’s death. These lawsuits can help families seek justice and financial compensation for medical bills, funeral costs, and the pain of losing someone too soon.
Call (855) 264-6310 right now or get a free case review now to see if you qualify.
What are the most common causes of a nursing home wrongful death?
Nursing home wrongful death is usually due to a resident’s health care needs being neglected.
Common causes are:
- Complications from stage 4 bedsores
- Elopement (leaving a facility unnoticed)
- Medication errors or overdose
- Sepsis (life-threatening blood infection)
- Serious or repeated falls
Wrongful death can also occur when staff or other residents physically abuse a nursing home patient.
What is the most you can sue for wrongful death in a nursing home?
The case value of a wrongful death nursing home lawsuit depends on several factors, including the state where the facility is located, the age of the resident, and the severity of the abuse or neglect that caused the death.
In one case, a California jury awarded $42.5 million for the wrongful death of a 77-year-old resident due to unauthorized daily use of Ativan.
If your loved one passed away due to a facility’s negligence, you may be eligible to file a wrongful death nursing home lawsuit.
Call us right now at (855) 264-6310 or Click to Live Chat to start the process.
What is the average settlement for wrongful death in a nursing home?
Average nursing home wrongful death settlements typically reach around $500,000, though some severe cases have resulted in settlements over $1 million.
The nursing home wrongful death settlement amount depends on factors like the resident’s suffering, medical costs, and the facility’s history of violations.
The lawyers in our network have secured over $304 million in nursing home lawsuit compensation. They fight hard to get the maximum amount of money the law allows.
Who can file a wrongful death lawsuit against a nursing home?
Surviving family members may be able to file a nursing home wrongful death lawsuit on behalf of a loved one. Depending on the state where the nursing home is located, this could include a spouse, children, or siblings.
The best way to know if you can file a wrongful death nursing home lawsuit is to consult with an experienced elder abuse lawyer.
What is an example of a wrongful death?
A wrongful death occurs when a person dies due to the negligence or misconduct of another party.
For example, a developmentally and mentally disabled resident of a Wisconsin assisted living facility died from neglect-related injuries.
The violation of the resident’s rights under the Mental Health Act resulted in a $4.2 million judgment.
What evidence should be admitted in a wrongful death suit against a nursing home?
Families may need strong evidence to prove that negligence led to a resident’s death.
The following evidence is often used in wrongful death nursing home cases:
- Expert testimony from medical or elder care professionals
- Inspection reports showing past violations or citations
- Medical records documenting injuries or the cause of death
- Photos of injuries or unsafe conditions
- Staffing logs that reveal possible neglect or short-staffing
- Video footage from room or hallway cameras, if available
- Witness statements from staff, residents, or visitors
A nursing home neglect lawyer can help collect this evidence and fight for justice on your family’s behalf.
How do I find a nursing home wrongful death attorney?
If you believe your loved one died due to nursing home negligence, the Nursing Home Abuse Center is here to help.
We work with top nursing home wrongful death attorneys nationwide and can connect your family with a trusted lawyer near you if you qualify.
Call (855) 264-6310 right now or fill out our form for a free case review.
