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California Nursing Home Wrongful Death Attorney



Wrongful Death Lawsuits Against Nursing Homes

When the family of a senior citizen moves into a nursing home, there is a chance that the individual may live their remaining time there. Unfortunately there are cases in even the best nursing homes where negligence results in a loved one’s remaining time on earth being shortened. When such a tragedy occurs, the burden of discovering what led to the neglect and eventual death of a loved one falls upon the shoulders of their family or estate representative.

When a nursing home resident dies as a direct result of nursing home neglect or abuse, the family may be entitled to wrongful death damages. Unfortunately, nursing home residents die each year as a result of nursing home neglect and abuse. Today, in the US there are thousands of nursing home care facilities with millions of residents and their families that rely on, and trust, them to provide quality care. As our population continues to live longer, more families and their loved ones are finding themselves in the situation in which they need a nursing home care provider.

In many cases, injuries resulting in death at a nursing home could have been prevented if the proper standards of care were followed. Recognizing when to contact an elder abuse injury lawyer in the wake of such a tragedy can ultimately be the difference between obtaining the compensation that the family of the deceased is rightfully entitled to, and obtaining nothing at all.

Fortunately, ​Joel Bryant​, ​The California Nursing Home Abuse Lawyer​, has over 30 years of legal experience and is recognized as one of San Diego’s top litigation attorneys in handling nursing home neglect and abuse cases. He will help relieve some of the burden such a terrible tragedy can have on the family of the deceased. If you believe that a loved one’s death is the result of nursing home neglect or abuse, do not hesitate to contact Joel Bryant and his team today for a ​free case evaluation.

Why Hire Attorney Joel Bryant?

A loved one’s passing can be one of the most painful experiences in a family’s life, especially when the death is believed to have been avoidable. Attorney Joel Bryant will work efficiently and effectively to achieve the compensation that the family rightfully deserves, so that they may put the case to rest and grieve the loss of their loved one. Joel Bryant is familiar with applicable federal and state nursing home regulations and laws, and he will work closely with the family of the deceased individual to swiftly obtain rightful compensation, as well as file with the appropriate courts within a timely manner. ​Attorney Joel Bryant ​will help his clients ensure that such pain and suffering is not brought upon other unsuspecting families and countless elderly patients who may be in harm’s way, should legal action not be taken against the wrongdoers.

What constitutes a wrongful death in a nursing home lawsuit?

A wrongful death claim is always filed under the basis of negligence and/or abuse that ultimately leads to a loved one’s death. A wrongful death claim is similar to a personal injury claim in that both involve negligent, reckless or intentional misconduct, and such a claim most likely would have been filed had the victim suffered the neglect and/or abuse and survived. Negligence and abuse in a nursing home can be so severe in some cases that the end result for an individual is ultimately death. Such negligence and abuse resulting in the death of an elderly resident can include but is not limited to:

  • Failure to provide food or water, causing malnutrition or dehydration
  • Failure to provide a safe and clean environment
  • Failure to provide adequate monitoring of the patient
  • Excessive restraint
  • Failure by the staff to contain a patient within a locked facility
  • Failure to assist with personal hygiene
  • Failure to provide adequate medical care
  • Medication errors
  • Failure to prevent bed sores or provide treatment to heal bed sores, resulting in a life ending infection known as sepsis
  • Physical abuse or injury by staff
  • Failure to prevent falls
  • Resident on resident violence
  • Poor infection control

What are the terms for filing a wrongful death lawsuit?

A wrongful death lawsuit can be filed when one of the incidents above occurred under the care of a nursing home, including residential care facilities, assisted living facilities and board & care facilities. If your loved one was abused and neglected so severely that the end result was ultimately death, attorney Joel Bryant will work with you to ensure that you are rightfully compensated for not only the tragic loss you have suffered, but also the countless other aspects of life in which your deceased loved one once contributed. Such losses include non-economic losses and economic losses.

Non Economic Losses

A loss that loved ones experience after the death of their family member that has a lot of value, however not necessarily a strictly defined monetary one. Oftentimes the judgement of how significant the loss is to a family is vested in the jury by the courts, and ultimately will be decided among the jurors what sort of monetary value the loss may entitle the family to. Such losses as a result of a loved one’s death include but are not limited to:

  • Loss of a decedent’s love, companionship, comfort, care, assistance, protection, and moral support
  • Loss of training and guidance that a deceased parent would have provided
  • Loss of intimate relations with a spouse

Economic Losses

​ A loss experienced from a loved one’s death that has a financial impact on the victim’s living family after the victim is gone. This loss is more easily assigned a monetary value. Compensation awarded in these cases generally will vary greatly and is dependent upon multiple factors including the amount of money the deceased was making or providing loved ones, as well as the naturally expected time in which the deceased was going to continue making the financial contribution to the individuals. Such financial losses as a result of a loved one’s death include but are not limited to:

  • Financial backing that the decedent contributed to the family during life
  • Funeral and burial expenses
  • Lost income that your loved one would have earned had he or she remained alive and working

Who can file a wrongful death lawsuit?

When the family of a loved one believes that they have a case in the aftermath of a loved one’s death, it is preferable that the case is filed jointly among all parties involved. This is due to the fact that in the State of California, all wrongful death claims involving a particular victim should be prosecuted in the same case against the wrongdoers. Thus, all family members should work together to ensure that they obtain the justice that their deceased family member deserves. The parties that are able to work together, or separately, in the wake of such a tragedy are the following:

  • The surviving spouse
  • A domestic partner
  • Children of the deceased victim
  • Grandchildren of the deceased victim, if the children are deceased
  • Parents or siblings of the deceased victim, in certain circumstances
  • Grandparents of the deceased victim, in certain circumstances
  • Minor children who resided in the household of the deceased victim and had depended on the individual for financial support
  • Others who would be entitled to the deceased victim’s property under California’s law of intestate

What sort of compensation or justice can the family expect to be awarded?

After the loss of a loved one to a death that was ultimately avoidable, the family of the victim may want justice, and fortunately there are many ways in which filing a wrongful death lawsuit can lead to justice. The family of the deceased individual can fight for financial compensation for the suffering they have endured through the loss of a loved one. By filing the lawsuit, nursing homes can become financially responsible for a loved one’s death, relieving some of the burden of heavy costs in the aftermath of a tragic loss.

The amount of compensation may vary greatly. For instance, a spouse may be entitled to monetary compensation for the rest of their life should they have been financially dependent on their deceased loved one. On the other hand, a child of the deceased may only be entitled to monetary compensation through the age of 18. Each case is unique of course, and will present its own set of challenges and differences, making it ever more important for a trusted and knowledgeable legal advisor to be on the victim’s family’s side and guide them through such a difficult and complex legal process.

Filing a wrongful death lawsuit may also ensure that such a tragedy does not occur again to someone else’s loved one under the care of the wrongdoers. Attention may also be brought to the case from the media, elderly care providers, or even families of elderly patients who are in nursing homes themselves, resulting in safer overall conditions for nursing home patients. In the end, filing a lawsuit can protect other elders and their families from the pain and suffering your family has come to know firsthand.

What are the statute of limitations for filing a wrongful death lawsuit?

Understanding the statute of limitations (or the time limit) when it comes to a wrongful death lawsuit in a nursing home may be confusing. However, here are some general instances, and what to expect in all of them:

In most wrongful death cases, it is of the utmost importance that a family of a deceased loved one takes swift action in the wake of such a tragedy to rightfully ensure that their loved one’s death is compensated for. In wrongful death cases, the filing deadline can be as short as six months and as long as two years after the date of the loved ones death, depending on the particular facts of the case. Of course there are always exceptions to these timelines and extenuating circumstances in which more or less time may be granted. However, it is important to note that all nursing home wrongful death cases are time sensitive, and it is crucial to hire a knowledgeable and experienced nursing home neglect and abuse attorney to help a deceased loved one’s family in such a case, such as attorney Joel Bryant. ​Consequently, we strongly recommend that you have the case investigated by a nursing home neglect and abuse attorney as soon as possible. .

What is the difference between survival action and a wrongful death lawsuit in California?

A wrongful death lawsuit is filed by a victim’s family to obtain compensation for their losses as a result of a loved one’s death. On the other hand, a survival action lawsuit is filed on behalf of the victim by the heirs of the victim’s estate in search of the financial compensation that the victim should be awarded due to their suffering, pain, and possibly costly medical bills.

Reach out to Mr. Bryant and his team today for a free consultation.

If you believe that a loved one’s death in a nursing home was the result of neglect or abuse and should have been prevented,​ contact San Diego elder abuse lawyer Joel Bryant ​for a ​free case review and consultation today​. Although monetary compensation will never make up for a loved one’s death, taking action now could not only give you and your family the compensation you rightfully deserve, but it could also save countless other lives by holding the wrongdoers accountable and making sure they don’t do the same thing to someone else’s loved ones.. In doing so, you can prevent others from suffering the pain, suffering, and loss that your family has felt through the difficult process of grieving a loved one’s death.

Wrongful death in nursing homes can be a result of

  • Serious infection
  • Falls
  • Medication errors
  • Severe bedsores
  • Abuse
  • Dehydration
  • Malnutrition
  • Unsanitary conditions
  • Wandering or elopement

For these reasons and more it is important to determine whether a death in a nursing home was caused by the nursing home's negligence or not. Attorney Joel Bryant understands the effects of nursing home abuse and with his experience he will investigate your claim to help find the cause of death to your loved one. Often the cause of the death on the death certificate will not provide the necessary evidence that abuse or neglect occurred.

For example, the death certificate may list the official cause of death as "heart failure" when the underlying cause was actually malnutrition and dehydration caused by nursing home neglect. Nursing homes are often inadequately staffed. Nursing home residents depend on the staff for the basic essentials of life, like food, water, medicine, toileting, and grooming. When the nursing home does not have enough staff or well trained staff to care for its residents serious injuries may occur which sometimes lead to wrongful death. The nursing home is negligent for not providing the necessary care, treatment, or services to its residents.

Some examples of nursing home negligence
which may lead to wrongful death include

  • Failure to provide food or water causing malnutrition or dehydration
  • Failure to provide a safe and clean environment
  • Failure to assist with personal hygiene
  • Failure to provide adequate medical care
  • Failure to prevent bed sores or provide treatment to heal bed sores

California Attorney Joel Bryant knows that wrongful death may occur in nursing homes resulting from improper care. If you have a loved one who has died in a nursing home because of improper treatment or neglect, please contact Attorney Joel Bryant today at (619) 239-7900 for a free legal consultation. Mr. Bryant will investigate your claim to determine if negligence was the cause and if your family is entitled to wrongful death compensation.

“Joel and his team were the help I needed to approach the nursing home that didn’t take good care of my grandmother. With Joel’s help, my grandmother was fairly compensated for the injuries she suffered as a result of the nursing home’s neglect and abuse.”

Andrea C.

“When one of the most tragic events happened in my life, Joel Bryant and Jason Julius were there for me when I needed someone the most. They both were very professional, honest, compassionate, and supportive."

Brent R.

“Joel was amazingly accessible, by phone, email and often, in person, and still is. He is a professional with an understanding heart, and a sense of humor. I still feel very fortunate to have had him on my side.”

Michelle B.
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