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Do I Have a Nursing Home Wrongful Death Lawsuit

Do I have a nursing home wrongful death lawsuit? If you are asking this question, it is probably because your loved one died in a nursing home, and you believe their death was a wrongful death.

In order to answer your question, the first thing to think about is what the law regards as a wrongful death. If a death happens because of the actions of the nursing home or its staff, it would be what the law considers to be a wrongful death. In simple terms, a wrongful death is a death that should not have occurred.

Intention


Another important thing you need to know is that the intention of the nursing home has nothing to do with whether your loved one’s death was a wrongful death. A wrongful death may result from actions that are either intentional or unintentional.

Hopefully, a nursing home would not intentionally do anything to cause your loved one’s death. Even if that were the case, any unnatural death is still considered to be a wrongful death.

With these things in mind, do you have evidence that can be presented in court that your loved one’s death was a wrongful death? Do you have evidence that your loved one’s death occurred as a result of actions on the part of the nursing home or its staff?

Intentional abuse


In most instances, nursing home wrongful death lawsuits are filed because of negligence on the part of the faculty and/or staff of the nursing home. However, there are circumstances where a wrongful death occurs as a result of intentional abuse. In addition, a nursing home wrongful death lawsuit may also be filed because of the nursing home giving wrong medication, a wrong diagnosis or wrong care.

Another thing to consider before filing a nursing home wrongful death lawsuit is that the amount of what you may recover is usually significantly limited. The main reason for this is that the measuring stick used in determining compensation in a wrongful death lawsuit is the measure of your financial loss.

Because your loved one was in a nursing home, the assumption that is usually made is that they had very little earning potential. Also, because you are probably an adult, you are not regarded as requiring a significant amount of support, guidance or nurturing from your loved one.

Law allow


Another main thing to consider in determining whether you have a nursing home wrongful death lawsuit is whether the law will allow you to file such a suit. Laws regarding wrongful death lawsuits are not the same in every state. However, in most states, if you are a spouse or child of your loved one, you will be permitted to file a wrongful death lawsuit against the nursing home.

A nursing home wrongful death lawsuit is usually complicated, complex and difficult to prove. The best thing to do is to talk to a personal injury attorney and have your loved one’s case evaluated at no cost or obligation to you. A personal injury attorney will know whether you have a wrongful death lawsuit against the nursing home.

Article written by James Shugart

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