Close to 98,000 nursing home patients die each year due to malpractice and errors.
If you had a loved one die in a nursing home because of malpractice, you could receive a wrongful death settlement.
No settlement will ever replace the loss of the loved one. It could give you and your family financial security and peace of mind to make up for the loss.
How much could you get from nursing home wrongful death settlements? Read this guide to find out.
What Is Nursing Home Wrongful Death Compensation?
If your loved one suffered from abuse or wrongful death while in the nursing home, you may be entitled to compensation.
Nursing homes have a duty to care for the well-being of their residents. They may fail in this care intentionally or unintentionally.
If they fail to care for residents and cause death, that is the basis of a wrongful death case. The nursing home wrongful death compensation includes medical bills and funeral expenses as a result of the breach of care.
Family members are entitled to damages, which make up most of the financial settlement. Laws in each state dictate who can file a wrongful death lawsuit. It’s usually left up to the person in charge of the estate.
The deceased assigns an estate representative in their will. This person has the legal authority to pursue a wrongful death suit against the nursing home.
If there isn’t a representative assigned, then immediate family members could gain that authority. They’d have to go to court to get approval from a judge.
The Process to Recover Wrongful Death Compensation
How do you get compensation for wrongful death in a nursing home? It is a long process that can take months or even years.
Your very first step is to contact a lawyer. Most wrongful death attorneys offer free consultations. Take advantage of this and test a few attorneys.
Prepare for the consultation by having a list of questions to ask, along with documentation about your case. The attorneys will want to see the residence contract, medical bills, and any other documentation regarding the death of your loved one.
When you find an attorney to take your case, they’ll file the lawsuit in court. At this point, the nursing home’s attorneys and your attorney go through discovery.
This is the process where they gather evidence and documentation related to the case. Most cases settle out of court, so the information gathered here determines how much compensation you’ll receive.
The attorneys will try to reach a settlement. If they do, you can accept it or decline it. If you decline the offer, the attorneys will try again to settle. If they cannot, the case goes to trial.
Nursing Home Wrongful Death Settlements
Nursing home wrongful death settlements allow you and your family to recover financially after the loss of a loved one.
It’s a long and stressful process to pursue compensation for wrongful death in a nursing home. That’s why you need to have a great attorney to carry the load for you.
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