Wednesday, December 14, 2016

Wrongful Death Claims for Nursing Home Abuse


The elderly are a particularly vulnerable population, as they are more likely to be dependent upon the care of others. In the case of those placed in a nursing home, abuse or neglect on the part of the staff can result in severe injury, and in some cases, death. If your loved one has passed away due to the action or inaction of a nursing home, you are not without recourse. A St. Petersburg nursing home abuse and neglect attorney can help you recover for the loss you and your family suffered as the result of the nursing home’s negligence.1
What is Wrongful Death?
Wrongful death claims arise when someone dies as the result of another’s negligent conduct. The responsible party can be an individual, or an institution, such as a nursing home.
In the case of nursing homes, wrongful death suits can arise in a variety of situations. Negligence or forgetfulness can lead to a wrongful death suit. For example, if medication necessary to a patient’s health is withheld or incorrectly administered and the patient dies as a result of that negligent administration of medication, there is a right to bring a wrongful death suit. Wrongful death claims can also be brought as the result of intentional actions and abuse.
Florida Law
The Florida wrongful death statute2 outlines important details about the way these claims operate. Some of the most important details regarding the law are detailed below.
Who Can Bring A Claim: The personal representative of the decedent’s estate can bring a wrongful death claim. This suit can be brought two different ways:
(1) on behalf of the estate and the beneficiaries of the estate. However, if the personal representative brings the suit on behalf of the estate, the damages available may be limited.
(2) on behalf of the survivors. This group is different from the beneficiaries of the estate, though there may be some overlap. Survivors may be entitled to a greater recovery than beneficiaries.
Florida law on this subject can be complicated, so it is best to address your specific situation with a St. Petersburg attorney.
Time: In Florida, nursing home abuse claims must be brought within two years. It is important that you contact a Florida nursing home abuse and neglect attorney right away to protect your rights.
Do You Need an Attorney to Recover Compensation?
There is no rule or law that requires surviving family members of nursing home residents that were the victims of a wrongful act to retain legal counsel. It is important to understand, however, that wrongful death actions often involve substantial sums of money, so nursing homes and other defendants are highly incentivized to defend cases whenever possible. As a result, people who choose not to retain legal counsel after an incident resulting in the death of a loved one are putting themselves at a significant disadvantage.
An attorney will investigate your claim and determine whether you have the right to recover. If you do, your lawyer will do everything possible to maximize the amount of your recovery, including using expert witnesses and other specialized evidence to establish the full extent of your losses.
Contact a St. Petersburg Nursing Home Abuse and Neglect Lawyer Today for a Free Consultation!
If you have a loved that one has passed away as the result of nursing home abuse, contact a St. Petersburg nursing home abuse and neglect attorney right away. In many cases, surviving family members are entitled to significant financial compensation for their losses. While no amount of money can change the past, it can certainly help survivors obtain financial security and have the sense that justice has been served. In addition, holding nursing homes responsible for the wrongful deaths of their residents may change their policies and the conduct of their staff, potentially saving other families from having to go through the same painful scenario.
Since 2009, the Dolman Law Group has been representing the legal rights of people who have suffered abuse and neglect at the hands of nursing homes. Unlike many other law firms, we provide individualized representation to each client we take and are prepared to take each case to trial if the best interests of our clients demand it. To schedule a free consultation with one of our lawyers, call our office today at 727-222-6922 or send us an email through our online contact form.

1 comment:

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