When a family places a loved one in a nursing home, they expect care, safety, and respect for them. Sadly, that trust is sometimes broken. When negligence leads to nursing home death, families are left with grief, anger, and many questions. These deaths are often preventable. The law allows families to seek justice and hold careless nursing facilities responsible.
If your family is facing a nursing home negligence death in Charleston, West Virginia, understanding your rights is an important first step to get justice for your loved one.
What Is Nursing Home Negligence?
Nursing home negligence happens when a facility fails to give proper care. Staff members have a duty to protect residents from harm. When they do not follow safety rules or medical standards, serious injuries or death can occur.
Common examples of negligence include:
- Failing to give the needed medications
- Ignoring medical conditions or warning signs
- Poor supervision leading to falls
- Dehydration or malnutrition
- Bedsores that become infected
- Delayed medical treatment
When these failures cause a resident to pass away, it may also be considered a wrongful death under West Virginia law.
Signs That Negligence Caused a Death
It is not always easy to know what happened inside a nursing home. Families get limited information for answers. Warning signs that negligence may have played a role include:
- A sudden or unexplained death
- Rapid weight loss before death
- Untreated infections
- Multiple falls or other unexplained injuries
- Poor hygiene or unsafe living conditions
- Staff refuse to answer questions
If something does not feel right, trust your instincts. A closer look may reveal serious problems.
Why Nursing Home Death Cases Happen
Many nursing home deaths are linked to understaffing and poor training. Some facilities cut corners to save money, leading to rushed care, missed symptoms, and unsafe conditions.
Residents in nursing homes are often elderly and fragile. They rely on staff for basic needs. Even small mistakes can have deadly results. When negligence leads to a nursing home death, it is not just a tragedy. It is a failure of care.
Who Can File a Wrongful Death Claim?
In West Virginia, only a legal personal representative of the estate can file a wrongful death claim. This may be a court-appointed administrator or named executor. The representative may or may not be a family member. In West Virginia, individual family members cannot file a wrongful death suit on their own. Any compensation from the claim can then be distributed to those survivors, such as a spouse, children, siblings, parents, or others who are heirs and/or dependents.
A nursing home abuse attorney can help determine who is eligible to bring a claim and guide you through the next steps.
What Compensation May Be Available?
While no amount of money can replace a loved one, compensation can help ease financial stress and hold the nursing home accountable. A wrongful death claim may seek damages for:
- Funeral and burial costs
- Medical bills related to the final injury or illness
- Pain and suffering before death
- Loss of companionship and support
Holding a facility responsible can also help prevent future harm to other residents.
How a Lawyer Can Help Your Family
Nursing homes and their insurance companies often fight these claims. They may deny wrongdoing or blame the resident’s health. An experienced nursing home abuse lawyer can protect your family during this difficult time.
A lawyer can:
- Investigate the cause of death
- Review medical records and facility reports
- Interview staff and witnesses
- Work with medical experts
- Handle all communication with the nursing home
Letting an attorney handle your nursing home negligence death claim puts your case in the hands of someone who knows the law. This allows you and your family to focus on healing while the legal process moves forward.
Taking the Next Step Toward Justice
If your loved one passed away and you suspect neglect, do not wait. Evidence can disappear quickly. You only have one year from the date of their death to file a claim under West Virginia’s statute of limitations. Acting sooner can make a big difference in your case.
When negligence leads to nursing home death, families deserve answers and accountability. A nursing home negligence death is not something you have to accept in silence.
A personal injury law firm in Charleston, West Virginia, can help you understand your options and fight for justice. Reaching out for legal guidance may be the first step toward honoring your loved one and protecting others from the same harm.
Let The Love Law Firm Help
The Love Law Firm is Charleston, West Virginia’s premier personal injury law firm, with extensive experience in handling nursing home abuse and other types of personal injury cases. Call us today at 304-344-5683 (or use our online contact form) and schedule your free consultation. There’s no charge for your initial consultation. Our contingency fee arrangement means you won’t pay unless we win your case and recover compensation for you.
