From Joel’s interview for the Masters of the Courtroom series on ReelLawyers.com.
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 life being shortened. When such a tragedy occurs, the burden of discovering what led to the neglect and eventual death falls on their family members 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. In many cases, fatal nursing home injuries could have been prevented if the proper standards of care were followed. Recognizing when to contact an elder abuse injury lawyer can be the difference between receiving rightful compensation and obtaining nothing at all.
If you believe that a loved one’s death is the result of nursing home neglect or abuse, do not hesitate to contact Attorney Joel Bryant and his team today for a free case evaluation.
A loved one’s passing can be one of the most painful experiences in a family’s life, especially when the death could have been prevented. Attorney Joel Bryant will work efficiently and effectively to achieve the compensation that the family deserves, so that they may put the case to rest and grieve the loss of their loved one. Joel Bryant is deeply familiar with federal and state nursing home regulations and laws, and he will work to swiftly obtain rightful compensation, as well as file with the appropriate courts within a timely manner.
A wrongful death claim is always filed under the basis of negligence and/or abuse that ultimately leads to a loved one’s death. This type of claim claim is similar to a personal injury claim in that both involve negligent, reckless or intentional misconduct, and a personal injury claim is what most likely would have been filed had the victim survived. Types of negligence and abuse that may result in the wrongful death of a nursing home resident can include:
A wrongful death lawsuit can be filed when one of the incidents above occurred under the care of a nursing home, residential care facility, assisted living facility, or board & care facility. If your loved one was abused and neglected so severely that the end result was death, attorney Joel Bryant will work 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.
Loved ones experience major losses after the death of a family member, and not just strictly defined monetary ones. The judgement of how significant the loss is to a family is vested in the jury by the courts, and the corresponding monetary value will be decided among the jurors. Such losses as a result of a loved one’s death include:
An economic loss is a loss caused by a loved one’s death that has a financial impact on the victim’s living family after the victim is gone. This type of loss is more easily assigned a monetary value. Compensation awarded in these cases will vary greatly and is dependent upon multiple factors, including the amount of money the deceased was earning or providing to loved ones, as well as the amount of time in which the deceased was expected to continue making their financial contribution. Such financial losses can include:
When the family of a deceased person believes they have a wrongful death case, filing the case jointly among all parties involved is preferable. This is because in the State of California, all wrongful death claims involving a specific victim should be prosecuted in the same case against the wrongdoers. All family members should work together to obtain the justice that their deceased family member deserves. The parties that are eligible to work together or separately in wrongful death cases are the following:
The family of the deceased individual can fight for financial compensation for the suffering they have endured through the loss of a loved one. After the family files a lawsuit, the nursing home may become financially responsible for the death, which relieves some of the burden of heavy financial costs.
The amount of compensation may vary greatly depending on the level of financial dependence on the deceased. Each case is unique and will present its own set of challenges. It is important that the victim’s family have a trusted and knowledgeable legal advisor on their side to guide them through the difficult, complex legal process.
Filing a lawsuit can help protect other elders and their families from the pain and suffering your family has come to know firsthand, through media coverage and increased accountability for negligent nursing homes.
It is important that the family of the deceased loved one takes swift action. In wrongful death cases, the statute of limitations can be as short as six months and as long as two years after the date of the death, depending on the particular facts of the case. There are always exceptions to these timelines and extenuating circumstances in which more or less time may be granted. All nursing home wrongful death cases are time-sensitive, and it is crucial to hire a knowledgeable, experienced nursing home neglect and abuse attorney to help.
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 their estate in search of the financial compensation that the victim should be awarded due to their suffering, pain, and possibly costly medical bills.
If you believe that a loved one’s death in a nursing home should have been prevented, contact San Diego elder abuse lawyer Joel Bryant for a free initial consultation. Although monetary compensation will never make up for a loved one’s death, taking action now could give you and your family the compensation you rightfully deserve. It could also save lives by holding the wrongdoers accountable and making sure they don’t do the same thing again.
The Elder Abuse Attorney