Nursing Home Wrongful Death
Sacramento Personal Injury Lawyer Helps With Nursing Home Wrongful Death Claims
State and federal regulations require nursing homes to have written policies covering the rights of residents and each facility must implement such policies and explain them to the resident. Any person requiring nursing home care should be able to enter any nursing home and receive appropriate care, be treated with courtesy and enjoy civil and legal rights such as:
- Dignity, respect and a comfortable living environment
- Quality of care and treatment without discrimination
- Safeguard of your property and money
- Privacy in communications
- Freedom of choice to make your own, independent decisions
- Freedom to participate in organizations and activities of your choice
- An easy to use and responsive complaint procedure
- Freedom to exercise all of your rights without fear of reprisals
If a nursing home fails to fulfill its responsibilities correctly, nursing home workers may cause an elderly person’s death. Unfortunately, nursing home residents die each year as a result of nursing home neglect and abuse. In many cases, injuries resulting in death at a nursing home could have been prevented if proper standards of care were followed. If a family member dies as a direct result of nursing home negligence, neglect or abuse, contact our Sacramento personal injury lawyers at The Weinberger Law Firm immediately to see what you can be compensated for.
Who Can Sue For Wrongful Death?
There are a number of interested parties who may be allowed to sue in the event of elder wrongful death. These “real parties in interest” may include:
- Immediate family: spouses, children of the deceased and parents of an unmarried child
- Life partners, putative spouses and financial dependents
- Distant family members: brothers, sisters and grandparents
- Anyone who suffered financially
Examples of neglect that can lead to wrongful death:
- Failure to provide food or water causing malnutrition or dehydration
- Failure to assist with personal hygiene
- Failure to provide a safe and clean environment
- Failure to provide adequate medical care
- Failure to prevent bed sores
- Use of chemical or physical restraints
- Physical therapy malpractice
- Sexual abuse
In proving a wrongful death claim, it is important you save any evidence that could be used in proving the basis of the claim such as photographs of injuries, medical records, contaminated clothing, and saved testimonies. Bring all evidence to an experienced Sacramento personal injury lawyer who can take your case to the court and get you the compensation you deserve.
Your lawyer will need to prove that the defendant’s conduct has been responsible for the death of your loved one. He or she will need to show that a nursing home was negligent and there must be monetary damages that have resulted from the decedent’s death. Keep in mind, family members have a fixed period of time in which a wrongful death claim may be filed after the death of a loved one. California requires a wrongful death claim to be filed within two years of the date of the decedent’s death.
What Damages Are Available In A Wrongful Death Claim?
There are a number of different damages you can be compensated for in a wrongful death claim. They are typically dividing according to whether they compensate the estate for losses associated with the death or the surviving family members for the personal losses they suffered as a result of the death. These include:
- Funeral and burial expenses
- Medical and hospital bills
- Lost income
- Loss of anticipated financial support
- The value of household services
- Loss of love, community, attention, affection, moral support and guidance