Nursing Home Wrongful Death Lawsuit
When nursing home abuse and neglect lead to the death of a loved one, we can help you file a wrongful death nursing home lawsuit. Nursing homes have a legal duty to keep residents safe. Suing a nursing home for wrongful death is a means to hold the nursing home accountable and recover significant compensation for your family’s grief and your loved one’s pain and suffering.
When you make the difficult decision to place your family member in a nursing home, you count on the nursing home to keep your loved one safe. Far too often, nursing homes become a living nightmare for society’s most vulnerable members, who often endure many forms of mistreatment.Â
Nursing home abuse and neglect can cause permanent harm and even lead to death. If your loved one has died from nursing home abuse or neglect, a nursing home wrongful death lawyer at our law firm can help your family pursue significant monetary damages, expose the nursing home’s misconduct, and get justice for your loved one.
What Is a Wrongful Death in a Nursing Home?
A wrongful death in a nursing home is the death of a resident that occurred as a result of negligent care or overt abuse. Even if the resident suffered from a terminal health condition, a nursing home can be held liable for neglect or abuse that hastens the death or reduces the efficacy of treatment.
Elderly adults who experience abuse have a 300 percent higher risk of premature death than those not abused. According to the World Health Organization, 64.2 percent of nursing home staff surveyed admitted to committing abuse in the last year. Causes of death stemming from nursing home abuse and neglect include the following:
- Nursing home fallsÂ
- Bedsores
- Malnutrition and dehydration
- Physical abuse
- Sexual abuse
- Medication errors, including intentional overmedication
- Infections
- Failure to diagnose or misdiagnosis
- Assaults by other residents
- Wandering and elopement
Many of these injuries could be prevented with appropriate supervision, more frequent and attentive care, and compliance with government guidelines involving infection control and the dispensing of medications. Understaffing in nursing homes and poorly trained staff are at the root of most nursing home abuse and neglect.
Can You Sue a Nursing Home for Wrongful Death?
Yes, you can sue a nursing home for wrongful death if abuse, neglect, or medical negligence caused or contributed to the death. However, not all deaths in a nursing home qualify as wrongful death, even unexpected deaths.Â
If you are considering suing a nursing home for wrongful death, Cutter Law’s passionate and skilled nursing home abuse lawyers can investigate your case and identify any wrongdoing that may have caused or contributed to your loved one’s death.
Who Can File a Wrongful Death Lawsuit Against a Nursing Home?
Immediate family members and representatives of the deceased person’s estate can generally file a claim for wrongful death, but this can vary depending on your family’s circumstances. California law identifies the following parties who may qualify to file a wrongful death lawsuit:
- A surviving spouse or domestic partner
- Surviving children
- Surviving grandchildren whose parents had already passed away
- Surviving parents
- Anyone with inheritance rights under state law, such as a next-of-kin
- Financial dependents
- A personal representative appointed in the decedent’s will or by a court
All of these parties are not always eligible to file a claim. Our experienced California wrongful death attorneys can determine who is qualified to pursue wrongful death damages in your case.
How Do You Prove a Nursing Home Wrongful Death Claim?
To prevail in a wrongful death nursing home lawsuit, you must prove that the nursing home breached its duty to provide a reasonable standard of care and that breach caused your loved one’s death. You will also need to prove that your family suffered financial or emotional damages because of the death. Â
You will need evidence to establish the elements of negligence with such evidence as the following:
- Your loved one’s medical records
- The testimony of eyewitnesses who saw or heard the abuse
- The testimony of medical experts
- Statements by visitors and staff who witnessed the effects of the abuse
- The death certificate to identify the cause of death
- A written timeline of events
- Video or audio recordings documenting the abuse
- Written statements by the victim prepared before death
- Documentation of reports made to the police or other authorities
How Much is a Nursing Home Wrongful Death Lawsuit Worth?
Nursing home wrongful death settlement amounts vary widely based on how egregious the misconduct was leading to the death, how much your loved one suffered, and multiple factors that will be unique to your case.Â
Our recent nursing home abuse settlements include a $485,000 settlement for elder abuse in a skilled nursing facility and a $914,506.51 settlement for abuse of a dependent adult in a residential care facility. While most of our case results are confidential, we have obtained justice for hundreds of nursing home residents and grieving families.
When you reach out to our knowledgeable nursing home wrongful death lawyers, we can estimate your claim value and fight for the justice your loved one deserves. Compensation for a wrongful nursing home wrongful death case may include economic, non-economic, and punitive damages.
Economic Damages in Nursing Home Wrongful Death Cases
Economic damages compensate for monetary losses related to your loved one’s death. They may include compensation for the following:
- Your loved one’s excess medical expenses brought on by the maltreatment
- Funeral and burial expenses
- Your family’s lost wages
- Loss of inheritance or other financial benefits the death cost your family
Non-Economic Damages in Nursing Home Wrongful Death Cases
Non-economic damages compensate for intangible losses difficult to measure in dollars, including such losses as your family’s grief and suffering, your loved one’s pain and suffering, and the loss of your loved one’s companionship, guidance, and support.Â
Nursing home abuse and neglect constitute medical malpractice. California limits the amount of non-economic damages in medical malpractice claims. This amount changes annually. For decades, the state limited non-economic damages to $250,000. This limit was raised to $500,000 in 2023 and will increase to $550,000 in 2024.
Punitive Damages in Nursing Home Wrongful Death Cases
Punitive damages are only available in California wrongful death cases if the defendant is convicted of felony homicide. However, if your loved one suffered before death as a result of the cause of death, you may have grounds to pursue punitive damages in a survival action. A survival action is a claim for the losses your family member could have claimed had they survived.
California imposes no limits on the amount if your case qualifies for punitive damages. We are committed to ensuring you recover the maximum wrongful death compensation available. We will aggressively pursue punitive damages if your case qualifies.
Time Limit to File a Nursing Home Wrongful Death Lawsuit in California
The statute of limitations for filing a wrongful death lawsuit in a nursing home abuse case is complicated. It may be as short as one year if it is a medical malpractice case. If the case qualifies as strictly an elder abuse action, you may have two years to file your claim.Â
If your loved one suffered for months or more from the injury that caused death, this could shorten the deadline to as little as six months. If you do not discover that negligence or abuse caused the death until sometime after the death, this could extend the statute of limitations accordingly.
Correctly determining how the wrongful death statute of limitations applies is crucial in protecting your right to file suit for your loved one’s death. If you guess wrong and file late, you will lose your chance to seek justice forever. Involve one of our trusted nursing home abuse lawyers as soon as possible to protect your claim.
Why Hire Our Nursing Home Wrongful Death Attorneys at Cutter Law?
Preparing a successful nursing home wrongful death lawsuit requires a thorough investigation into the administration of the nursing home, the medical decisions by doctors, and the conduct of nursing staff. It requires consultations with medical experts and in-depth knowledge of the nursing home industry.
We have decades of experience standing up to nursing homes and other large corporations. Nursing homes are often owned by powerful companies that invest significant dollars to evade liability, but we are well-equipped with the resources to stand up to them and defeat their tactics.
We are a family-owned law firm comprised of seasoned, compassionate attorneys who will work together to get you maximized results while making you part of our family. You will receive caring support and personalized attention. We will keep you informed throughout your case, and you will always be able to reach us.
After you contact our firm, our team of experts will review the events leading to your loved one’s death to determine whether you have a viable case.Â
The initial consultation is free, and we only charge fees if we win. Contact us today for a free case review.
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Sacramento, CA 95864
Phone: 916-290-9400
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Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
