After the loss of a loved one, you likely are grieving, overwhelmed, and unsure where to turn for assistance. This situation can be even worse if the death is unexpected or occurs under unusual circumstances. If abuse or neglect by nursing home staff led to the death of your loved one, you may have a wrongful death or other claims against the nursing home and other potentially liable parties. A Dallas death lawyer can give you information about your legal rights to compensation in this situation.
We realize that your family may have many unexpected expenses during this difficult time, such as funeral and burial expenses. If you retain our law firm, you need not worry about paying any legal fees upfront or out of pocket. You will pay no legal fees unless you and your family have received compensation for your losses. Call Pintas & Mullins Law Firm at (800) 842-6336 to start the process of seeking compensation today.
Nursing Home Wrongful Death Claims
Texas Civil Practice and Remedies Code §71.002 establishes the right to bring a claim for damages based on wrongful death against any party who commits a wrongful act, neglect, or carelessness that fatally injures another person. This liability holds accountable the agents of a company or person, such as the employees of a nursing home. As a result, a nursing home may be liable or financially responsible for compensating family members if a loved one dies due to the negligence of staff members while in their care.
Only specific family members can bring a wrongful death action for the loss of a loved one. In Texas, the surviving spouse, parents, and children of the deceased are eligible to file a wrongful death claim. However, if none of these family members have initiated a wrongful death action within three months of the date of the death of their loved one, the administrator or executor of the estate of the deceased can initiate the claim, unless all these family members request him or her not to pursue the claim.
In a wrongful death claim, these family members can seek various forms of compensation for the loss of their loved one. Some examples of this compensation may include:
- Loss of inheritance due to the unexpected death
- Loss of companionship, love, affection, and support
- Loss of financial support, such as income and insurance coverage
- Emotional pain and suffering due to the loss
As an immediate family member of the deceased nursing home resident, you may be eligible for compensation from the nursing home and other parties whose negligence caused the death. A Dallas death lawyer can help you understand your options. You can contact Pintas & Mullins Law Firm. We can advise you of your rights and work to build a wrongful death claim on your behalf against all potentially liable parties.
Nursing Home Survival Actions
In addition to a wrongful death action, the estate of a deceased person can file a survival action against the parties responsible for the death. A survival action seeks compensation as if the deceased person’s injuries had not been fatal. This claim allows the estate to recover what the deceased person would have been eligible to pursue prior to death. Through a survival action, state law holds parties accountable for the pain and suffering that the deceased person suffered before death.
The estate may be able to receive various forms of compensation through a survival action. Common examples of this type of compensation include medical expenses related to injuries, emotional trauma, and pain and suffering.
Survival actions typically only are available in situations in which a person did not pass away immediately as a result of the negligent actions. For example, if a nursing home resident suffered neglect over a period that led to dehydration and malnutrition, and then lived in the hospital ICU for another week prior to death, the estate may have grounds for a survival action. A Dallas death lawyer can advise the estate of the deceased on cases such as these.
For a free legal consultation with a Wrongful Death Lawyer serving Dallas, call (800) 794-0444
Statutes of Limitations and Wrongful Death Actions
Like personal injury claims, wrongful death and survival claims are subject to filing deadlines or statute of limitations. Under Texas Civil Practice and Remedies Code §16.003, immediate family members or an estate has two years from the date of the death of their loved one to file for compensation.
Family members sometimes are reluctant to pursue wrongful death and survival actions for various reasons. Many find it difficult to think about filing legal claims in the midst of grieving for their loved ones. However, since time is limited for filing these claims, surviving family members should at least get legal advice about their options so that they can make the decisions that are right for them.
Dallas Wrongful Death Lawyer Near Me (800) 794-0444
We Are Here to Help You Through This Challenging Time
We recognize that the death of a loved one, especially when unexpected, can be traumatic and overwhelming. You may not immediately consider legal matters in the aftermath of the death. However, you and your family may have important legal rights related to the death of your loved one. Since there are strict deadlines that you must observe in filing claims arising from wrongful death, promptly getting the advice of a Dallas death lawyer can be critical. Otherwise, you risk being unable to seek justice for your loved one.
During this challenging time, we are here to help. Contact Pintas & Mullins Law Firm at (800) 842-6336 and learn more about your legal rights when you have lost a loved one to nursing home abuse or neglect. You can rely on our team for advice and support through every step of the claims process.