Deciding to move a loved one into a nursing home is a difficult decision. For elderly residents, it’s usually expected that they will live out their remaining years there. It’s always sad when someone dies of old age or natural causes in a nursing home after a long life and long convalescence. But if their death was not from natural causes, everything is different.
If this happens, you want answers: why your loved one died unnecessarily, without any excuses. Should an autopsy find that they experienced abuse or neglect in the nursing home and died from it, you may be able to pursue a wrongful death case against the nursing home, caregivers, or others who were involved. In this case, nursing home death lawyers can help with investigation, discovery, and bringing your claim to trial.
Wrongful Death
This is a civil action that allows a deceased person’s estate to file a personal injury claim on behalf of the person if their death was caused by another person or party’s intentional or accidental act due to “wrongful act, neglect, or default.”
The wrongful death claim can be pursued in any instance where the deceased would have been able to file a personal injury suit for themselves had they survived. The deceased’s estate can file this lawsuit to seek compensation for their losses directly from the nursing home or other defendant.
A wrongful death lawsuit is different from and separate from a criminal case of homicide, which can involve convictions, fines, and jail time. However, it is possible that both a civil and a criminal case can result from the death of someone in a nursing home, leading to both compensation from the civil case and prison from the criminal case.
Filing A Wrongful Death Claim
Only a personal representative of the deceased can file this claim. Frequently, the deceased’s estate’s executor is the personal representative. If none was named in the will, the court will appoint someone, typically the surviving spouse. The nursing home death lawyers’ job is to assist with this process and help determine the personal representative. The settlement will go to the deceased’s relatives.
In the claim, a representative can request damages similar to other personal injury claims:
- Economic damages, such as:
- Medical care before the deceased’s passing, including any treatments and hospitalization related to the incidentFuneral and burial expenses
- Loss of the deceased’s income, as well as assistance, protection, care, and assistance they provided
- Non-economic damages, aka, “pain and suffering”
- Punitive damages, financial awards for reckless or other intentional conduct, intended to punish those responsible for extreme misconduct or negligence
West Virginia allows just two years from the date of death to file a claim for wrongful death against the nursing home, so begin working with a nursing home lawyer immediately to avoid losing out on compensation.
Pushback
One of the many reasons to work with nursing home death lawyers is to combat the pushback you’ll receive when you begin asking questions about your loved one. Nursing homes, the companies that run them, and their insurance companies do not want to pay claims, making compensation for your losses difficult to obtain.
Furthermore, they will deny any responsibility for your loved one’s death while under their care. Nursing home death lawyers will investigate the circumstances of their death and negotiate for a settlement to cover your losses.
Defending The Vulnerable In West Virginia
If ever you discover that your loved one is not being cared for or being mistreated in a nursing home, please call us immediately and speak with our nursing home lawyer to help get justice for your loved one.
Because a nursing home lawsuit can be complicated, it is important to have a lawyer who understands the complexities of this type of case. Contact The Love Law Firm today at (304) 344-5683 or contact us online for a free consultation. We’ve helped thousands of West Virginians fight for their loved ones in nursing homes and are ready to help you.
