FAQ: Nursing Home Wrongful Death Claims
Nursing home abuse and neglect can sometimes lead to wrongful death. A wrongful death case occurs when the abuse or mistreatment of a resident leads to a loss of life. Check out the most frequently asked questions related to nursing home wrongful death.
What is Wrongful Death in a Nursing Home?
When a staff member or caregiver’s negligence leads to a loss of life, it may be considered wrongful death. Negligence may include intentional harm or neglect of the resident. A wrongful death claim aims to prove that the facility or caregiver was responsible for the patient’s care and that they failed to meet that responsibility.
Who Can File a Wrongful Death Lawsuit?
Most family members and next of kin are eligible to file a wrongful death lawsuit. This includes immediate family, like husbands, wives, and children. Some states also allow life partners or common-law spouses to file a case. Extended families, including siblings or cousins, may also be eligible to file a wrongful death case.
How Much Can I Expect From a Wrongful Death Lawsuit?
The compensation from a wrongful death lawsuit depends on the details of your case. It’s important to calculate the value of your case, so you can know how much you deserve. Some cases are settled outside of court, but it’s important to hold out for an offer that’s appropriate to your family’s damages.
The average settlement compensation of a nursing home wrongful death lawsuit is around $400,000, but some cases may result in as much as millions of dollars of payout. Some costs that you may be eligible to recover in a wrongful death lawsuit include medical bills, lost wages, pain and suffering, and funeral costs. Some nursing homes may even be met with punitive damages, which are meant to punish the organization and encourage them to improve their hiring or training practices.
Do I Need a Wrongful Death Lawyer?
If your loved one lost their life due to the abuse or neglect of a nursing home, you might have a wrongful death case. It’s best to work with a lawyer to ensure you build a strong case and get the compensation that you and your family deserve. Building a wrongful death case requires you to demonstrate the burden of proof, which may include collecting emails, letters, photographs, records, or witness statements.
Wrongful death laws also vary depending on the state. New Jersey has unique laws on who can file a wrongful death claim and how long they have to do so. This makes it important to work with a lawyer who can advise you on the state’s specific laws.
How Long do I Have to File a Wrongful Death Case?
New Jersey limits wrongful death cases to two years. This means that filing your case beyond the two years will likely result in it being thrown out. Building a strong case can take some time, so it’s important to consider your options as soon as possible. When you’re dealing with the aftermath of losing a loved one, you’ll find that this time limit comes quickly.
Contact a Paterson Nursing Home Abuse Lawyer to Discuss Your Case Today
Seniors in nursing homes and other care facilities deserve to be treated with respect and dignity. Additionally, nursing home staff needs to ensure that patients are safe and secure at all times. If your loved one suffered an injury, or worse, due to nursing home negligence or abuse in New Jersey, you need to speak with a qualified attorney. The experienced nursing home neglect attorneys at Sugarman Law Firm represent clients throughout New Jersey, including Newark, Jersey City, Hillsborough, and Elizabeth. Call (732) 877-1975 or fill out the online contact form to schedule a free consultation today. We have an office conveniently located at 80 East Main Street, Somerville, NJ 08876, as well as an office in Marlton, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.