Many older adults rely on assisted living facilities to get much-needed care. Unfortunately, sometimes the care provided falls below accepted standards, resulting in injuries and even death. When that happens, the victim’s family may seek justice and hold the negligent facility accountable by legal action through a nursing home wrongful death lawsuit. It’s important to note that a facility is supposed to care for your family member like they were their own. If they fail to do so, you have a right to seek legal action.
What Constitutes a Wrongful Death in an assisted living facility?
A wrongful death occurs when someone dies because of the negligence or careless actions of another person or party. In the context of an assisted living facility, this could mean that the person passed on due to negligence or intentional harm caused by the facility’s staff, doctors, and administrators. Such deaths warrant legal action since they could have been prevented had the facility done its due diligence in adhering to conduct regulations and providing high-quality care. Residents in assisted living facilities may die due to negligence, poor care, physical abuse, sexual abuse, and medication errors by the facility’s staff.
Who Is Liable for Wrongful Death in an assisted living facility?
Residents in an assisted living facility may lose their lives due to various reasons including neglect, abuse, and medical malpractice. In some cases, the facility itself may be held liable for the deaths of the residents, and in other cases, caregivers and individual employees may be held responsible. Conversely, if the death is caused by medical malpractice, then individual employees may be held liable. It’s important to get as many details as possible in these types of cases. Understanding who was supposed to be taking care of your loved one and how they failed can help build a solid wrongful death case.
Suing an assisted living facility for Wrongful Death
If a loved one has died on nursing home premises because of negligence or abuse, then you can take the following steps to file a lawsuit. These steps are important to keep track of if you want to have a successful case. It’s not always easy but you deserve financial compensation for the wrongful death of your loved one.
Gather Evidence
You need to gather as much evidence as you can to support your case. This may include medical records, witness statements, and any other documentation that supports your case and proves the facility’s liability. Without these key components you don’t have much of a case and a legal professional won’t be able to help you. Once you have solid evidence to bring about how a facility treated your loved one, then a case can be opened.
Consult a Lawyer
Due to the intricacy of the process, it is advisable to consult an experienced personal injury lawyer so they can advise you on the best cause of action. It’s always best to do the right amount of research when it comes to looking for a trusted law firm. Once you have found the one, they will do everything in their power to bring your loved one justice. Especially if you present them with the right amount of evidence.
File the Lawsuit and Attend Legal Proceedings
Once you have all the evidence in hand, you can proceed with filing a complaint with the court detailing your case and the damages you’re seeking. The nursing facility will also get a chance to challenge your claim. They will have their own set of lawyers and bring their evidence against you. But if you keep track of all your details and have a competent legal professional, your case can still be heard.
What Damages Can You Receive?
Although filing a lawsuit against an assisted living home won’t bring back your loved one or make up for the pain and suffering brought about by their demise, you may be able to recover damages for losses resulting from the death of your loved one. These damages include funeral costs, medical expenses, and pain and suffering. Compensation is important when you must deal with the sudden death of a loved one. If it was a facility’s fault, they need to pay for the damages and extra costs.
The Bottom Line
If a resident in an assisted living facility loses his or her life due to various reasons including neglect, abuse, and medical malpractice, then both the facility and its employees may be held liable for the victim’s untimely demise. If you decide to sue a care facility, it is advisable to consult an experienced personal injury lawyer in Florida to help with your case. They will review your case with care and do what is necessary to bring you the justice your family deserves.
