How To File a Wrongful Death Lawsuit for a Loved One Subjected to Nursing Home Neglect

Do you believe a loved one died from nursing home neglect? Calling a wrongful death lawyer for help is one of the first steps you should take.

Studies suggest that about 10% of nursing home residents suffer from elder abuse or neglect each year. You and your family can attempt to collect legal compensation by proving that nursing home negligence led to your loved one’s death.

Discover how to file a wrongful death lawsuit in a case involving nursing home neglect below.

Search for a Reputable Wrongful Death Lawyer and Schedule a Consultation

Before filing a lawsuit following a loved one’s death, you’ll need to secure the legal services of a wrongful death lawyer. Search for one with a strong track record to provide fair legal representation.

The lawyer you choose should have experience when it comes to nursing home resident safety and neglect. They should also have experience handling wrongful death cases and maybe even medical malpractice lawsuits.

Schedule a consultation with this lawyer so they can analyze your case and determine its viability. A knowledgeable lawyer can also ensure you haven’t missed the statute of limitations for a wrongful death case in your state.

Gather Evidence Related to a Loved One’s Death in a Nursing Home

Proving negligence on the part of a nursing home in relation to your loved one’s death will serve as the crux of your wrongful death case. You and your wrongful death lawyer should collaborate to gather evidence that can strengthen your case.

This evidence should include:

• Medical records
• Nursing home records
• Security camera footage
• Witness statements
• Expert testimony

Your wrongful death attorney can examine this evidence and launch an investigation to see if they can uncover more.

File a Wrongful Death Lawsuit Through an Attorney

If a wrongful death lawyer feels the evidence you’ve gathered is strong enough to prove nursing home negligence, they can officially file a lawsuit on your behalf. They can put together the proper paperwork and file it accordingly with the appropriate court.

Before doing this, you will need to collectively decide which compensatory damages to request in your wrongful death case. You should also consider asking for punitive damages that will punish a nursing home for neglect.

Try Negotiating a Settlement With a Nursing Home

A wrongful death case can sometimes take years to play out in the court system. If you want to avoid being stuck in legal proceedings, consider negotiating a settlement with a nursing home.

Your wrongful death attorney can start negotiations with the defendant in your case and aim to work out a fair deal without stepping foot into a courtroom. It could limit the amount of time your family spends taking legal action against a nursing home.

Take a Wrongful Death Lawsuit to Trial

If you can’t reach a fair deal with a nursing home during the settlement negotiation stage, your wrongful death lawsuit will go to trial. Your lawyer will present your case in front of a judge and/or jury and let them decide whether or not to award you a judgment.

You may put yourself in the position to collect more compensation in a wrongful death lawsuit when you take it to trial versus accepting a settlement offer from a defendant.

Touch Base With a Wrongful Death Lawyer Today

Losing a loved one is never easy, but losing them from nursing home neglect can be especially painful. Seek justice by filing a wrongful death lawsuit. Call Fadduol, Cluff, Hardy & Conaway, P.C., at 800-433-2408 for a free consultation with a wrongful death lawyer.