Wrongful Death Claims In Nursing Home Abuse Cases: What Families Should Know

A white rose sitting on a gravesite with mourners blurred out in the background.

According to the Centers for Disease Control and Prevention (CDC), there are over 15,000 nursing homes in the U.S., and they collectively house roughly 1.3 million residents. That is 1.3 million people who require regular or round-the-clock attention to survive.

When you trust a nursing home to care for your elderly loved one, you expect that they will receive the same attention you would provide if able. You know that if your loved one doesn’t receive the care they need, they will likely die.

This is why it is so devastating when your loved one dies due to nursing home abuse. They may have been at an advanced age, but their death was preventable. Instead of protecting them, though, the people you trusted sped up your loved one’s death.

When this unthinkable situation happens, though, you do have options. State laws allow you to file a lawsuit against the nursing home to get compensation for your loss.

Contact Our Wrongful Death Attorneys For Assistance Today.

What Is Wrongful Death Resulting From Nursing Home Abuse?

Wrongful death is a legal term that applies when someone dies due to the negligent actions of another. Nursing home abuse occurs when a resident is harmed due to intentional action or inattention. When that harm results in death, family members of the deceased may be eligible to file a wrongful death claim.

What Are The Legal Grounds For A Wrongful Death Claim Due To Nursing Home Abuse?

The legal grounds for a wrongful death claim differ by state but are typically quite similar. You can file a wrongful death lawsuit after a loved one dies if they would have been eligible to file a personal injury claim had they lived. That standard is relatively simple to apply because all states have robust definitions for personal injury.

How can you tell whether your loved one would have been eligible to file a personal injury claim, though? That is where it helps to hire a wrongful death attorney. An experienced lawyer will investigate the circumstances of your loved one’s death and determine whether you have a valid claim.

How To File A Wrongful Death Claim In A Nursing Home Abuse Case

If you suspect your loved one died due to nursing home negligence, the first thing you should do is contact a wrongful death lawyer at Bachus & Schanker. Our team will begin an immediate investigation. This not only determines whether you have a claim, but it also preserves evidence that will be critical to your future claim’s success.

Typically, a wrongful death claim starts in earnest when your lawyer contacts the insurance company for the nursing home. We often do this after gathering enough significant evidence that we believe the insurance company will not be able to deny the claim in good faith.

Along with that evidence, we present the insurance company with a monetary demand appropriate for the harm you’ve suffered. If all goes well, you will receive fair compensation after a bit of negotiation. However, if things don’t go well, we are prepared to file a lawsuit against the nursing home and take the case to court.

Who Can File A Wrongful Death Claim In Nursing Home Abuse Cases?

Unfortunately, the answer to this question is different for every state. In some states, only the designated representative of the deceased can file a wrongful death claim. In other states, anyone who is an heir to the deceased can file. There are even states that allow specific family members to file a claim.

Our lawyers are familiar with the standards in every state. We will guide you through the process no matter where your loved one dies.

What Damages Can Be Claimed In A Wrongful Death Case?

Typically, two types of damages can be claimed in a wrongful death case: economic damages and non-economic damages. Economic damages are also known as compensatory damages. They reimburse you for expenses and costs associated with the death of your loved one, such as:

  • Funeral costs
  • Medical expenses before their death
  • Lost financial support in some rare cases

You may also be eligible to receive non-economic damages. These compensate you for emotional pain. While there is no concrete way to determine the value of this loss, there are several approaches that lawyers use to determine this value. Which approach we take will often depend on the state in which your loved one died.

How Can A Bachus & Schanker Wrongful Death Attorney Help With A Nursing Home Abuse Case?

Wrongful death in nursing homes is all too common. According to the World Health Organization (WHO), one in six people over the age of 60 experienced some form of abuse in community settings as of 2024. Even worse, as many as two-thirds of staff have committed abuse.

Kyle Bachus understands the heartache that comes from losing a loved one due to the negligence of another party. He lost his mother when a negligent truck driver struck her. Navigating the legal system after that tragedy only added to his suffering. 

This unthinkable incident honed his desire as a lawyer to prevent anyone else from facing similar pain. He also wrote the book Unthinkable to help others avoid having to suffer through this type of experience alone.

When you come to Bachus & Schanker for a free consultation, your needs are placed above everything else. We want to help you, and that means we need to understand your situation. You can’t recover from this hardship if we don’t listen to your story and create a legal plan that is personalized to your needs.

At Bachus & Schanker, we also understand that civil justice may not always be enough to move past the pain of a lost loved one. If applicable to your case, our Victim’s Advocates group will also help you navigate the criminal justice system. Not all claims will result in criminal charges, but we’ll be there to help when they do.

Protect Your Legal Rights After Nursing Home Abuse

All too often, nursing homes get away with wrongful deaths because the average person doesn’t understand their rights. You have the right to be represented by a legal team that empathizes with your pain. Protect your rights after losing a loved one to nursing home abuse by contacting a lawyer right away.

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