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, but if their death is caused by nursing home abuse or neglect, 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 lawsuit, 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 $280 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 Wrongful Death Nursing Home Settlements and Verdicts
Wrongful death nursing home compensation is awarded through nursing home settlements and trial verdicts.
Most nursing home wrongful death lawsuits are resolved out of court through settlements. Payouts vary and depend on the specifics of the case, but some are worth over $1 million.
Here are recently reported nursing home wrongful death payouts:
- $5.2 million in Kentucky for the death of a paraplegic resident due to an infected bedsore
- $4.25 million in New Mexico for the death of a resident beaten by a roommate in an assisted living facility
- $3.72 million in California for an elder abuse and neglect case involving a resident who wandered off and died
- $3.65 million in Michigan for a wrongful death settlement in an assisted living facility
- $1.29 million in Louisiana for nursing home negligence that caused the death of a resident
- $1.2 million in Alabama for failing to provide oxygen to a resident, causing his death
- $975,000 in Washington for the death of an older man with disabilities who overdosed after being given too much medication
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 to get a consultation 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 neglect, 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 medical conditions like sepsis
- Makes medication errors, like giving the wrong drug or dosage
- Neglects pressure ulcers that advance to stage 4 bedsores
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 resulting in death continue to make headlines. Therefore, families should know how to take action to put an end to the suffering.
One of the best options is to connect with a skilled nursing home 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 the nursing home improves their level of care so other residents stay safe
- Hold the nursing home financially responsible for a death they should have 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.
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.
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 verdicts in an effort 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 (to cover 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 incredibly 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 speaking, 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 below.
Surviving Spouse and Children
Immediate family members like spouses and children (including adopted children) can usually pursue nursing home wrongful death cases.
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 to have legal rights.
If there are no close relatives, more distant family members like cousins, nieces, nephews, aunts, uncles, or grandparents may be able to file a wrongful death nursing home lawsuit.
Personal Representatives
In some states, the lawsuit must be filed by the deceased’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.
Additionally, if you have power of attorney, you may be able to file a lawsuit.
People Who Have Suffered Financially
Depending on the state the death occurred in, 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 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 their failure 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 showing resident care was inadequate
- Photos of injuries
- 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 may be valid.
- Collect evidence: Your legal team carefully evaluates the details of your case to determine 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 trial to continue fighting for your family by seeking a favorable verdict.
If you are considering filing a wrongful death nursing home lawsuit, a knowledgeable attorney can guide you through each step and help secure the best possible outcome for your case.
Hiring an experienced nursing home 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.
You are not required to work with a nursing home wrongful death lawyer to file a lawsuit. However, doing so 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 fees for their services. As a result, you don’t pay anything out of pocket.
Your lawyer is only compensated if your case is successful. At that point, they will 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 $280 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.
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
- Medication errors
- Sepsis
- Serious or repeated falls
Wrongful death can also occur when staff or other residents physically abuse a nursing home patient.
What is the highest wrongful death nursing home lawsuit settlement?
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.
The average national settlement is around $500,000. However, a recent jury verdict in California resulted in a $42.5 million award 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 to start the process.
Who can file a nursing home wrongful death lawsuit?
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.
Additionally, you may be able to file a lawsuit if you have power of attorney.
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, in Wisconsin, a developmentally and mentally disabled resident of an assisted living facility was neglected and ultimately hospitalized for related injuries. The resident later passed away as a result.
The violation of the resident’s rights under the Mental Health Act resulted in a $4.2 million judgment.
What is the most you can sue for wrongful death?
There is no fixed maximum amount you can sue for in a wrongful death case. The amount varies widely based on factors like the circumstances of the death, the victim’s age, and state laws. Some cases result in multi-million dollar settlements or verdicts.
If your loved one passed away in a nursing home facility and you think their death could have been prevented, you may be able to sue for nursing home wrongful death.
Get a free case review right now to find out if you are eligible.
What is the average wrongful death settlement in the U.S.?
The average wrongful death claim in the United States typically settles for $500,000 to $1 million.
However, the actual amount can vary significantly based on the specifics of the case, including the degree of negligence and the impact on the victim’s family.
