It is difficult enough to lose a spouse or parent, but the pain is magnified if this death was caused by nursing home abuse or neglect.
If you suspect that negligence or foul play contributed to or caused your loved one’s demise, you could be entitled to damages through a wrongful death claim or lawsuit.
Nursing homes have an obligation to provide acceptable standards of care to their residents, and when they breach this obligation, they should be held accountable.
A Louisville death lawyer with Pintas & Mullins Law Firm can help protect your rights and seek damages from those responsible.
Please call today for a free case review with a member of Pintas & Mullins Law Firm by dialing (800) 842-6336.
How Negligence Contributes to Wrongful Death
The Kentucky Revised Statutes (KRS) §411.130 allows certain parties to pursue damages for loss of life caused by neglect, carelessness, wrongful act, or default.
There are several instances in which negligence can be a contributing factor or cause in a nursing home wrongful death case, including:
- Falls or fall-related injuries
- Failing to maintain proper hygiene and universal precautions
- Medication errors (incorrect medicine or dosage)
- Malnutrition and/or dehydration
- Wandering off
- Inadequate supervision to avoid violence by other residents or third parties
A Louisville death lawyer is here to help you by investigating, negotiating, and litigating on your behalf to seek compensation and justice for your loved one (if necessary).
Establishing Negligence in a Wrongful Death Case
A wrongful death lawsuit must show that it is more likely than not that the nursing home contributed to or caused the passing of your spouse or parent. A death lawyer with Pintas & Mullins Law Firm can determine if the elements for negligence apply, including:
- The defendant (the nursing home and its related entities) owed your loved one a duty of care to follow accepted standards and take reasonable measures to protect your loved one from injury.
- The defendant breached this duty of care in some manner, through negligence, recklessness, intent, or omission.
- This breach caused your loved one to become fatally injured or ill.
- This fatal injury or illness caused damages in the form of medical care or treatment, mental anguish, and other losses.
Nursing homes that allow substandard care resulting in death should be held accountable.
For a free legal consultation with a Wrongful Death Lawyer serving Louisville, call (800) 794-0444
Who May File a Death Claim
Despite being a nursing home resident, your loved one could have lived longer had it not been for the misconduct or negligence that hastened his or her death. It is not unseemly to pursue damages for wrongful death.
You may think of a death claim as a way to pursue compensation and justice for your loved one. They can no longer speak out, but you can be their voice. An attorney with our firm can help find closure for your loved one’s passing, and at the same time, reveal negligence or wrongdoing that could harm someone else.
In general, people who may file a wrongful death claim include:
- Attorney for the spouse, children, or in lieu of a spouse or child, another blood relative who may be entitled to file a wrongful death lawsuit
Kentucky allows a limited time for you and your attorney to take legal action against a negligent nursing home. You have a year from the time of your loved one’s demise to file a wrongful death lawsuit, according to KRS §413.140. Any legal action filed after this deadline will probably be dismissed by the court.
Louisville Wrongful Death Lawyer Near Me (800) 794-0444
How a Louisville Death Lawyer May Show Liability
It can be challenging to prove liability or wrongdoing in a death case involving potential nursing home abuse or neglect. That is why you should consider Pintas & Mullins Law Firm to become your legal advocate. We are familiar with these cases and will do all we can to recover damages for you and other surviving family members.
Our firm has the resources and staff to dig deep into the circumstances of your loved one’s demise. A Louisville death lawyer may use one or more of the following types of evidence to build a claim:
- Police or other first responder reports
- Witness statements
- Medical records, tests, and written medical opinions from a healthcare provider
- Previous violations or complaints from state or federal agencies
- Any photos or videos that may be relevant
If you have personal knowledge of the events that led to your loved one’s passing, your lawyer will want to record your statement as well.
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Recoverable Damages for Death Caused by Nursing Home Abuse or Neglect
You may be entitled to one or more types of damages associated with a wrongful death case:
- Special damages
- General damages
Special damages are specific, tangible economic losses, such as:
- Hospital and doctor’s bills for medical care until your loved one’s passing
- Funeral and burial expenses
- Loss of earnings, benefits, or annuities
General damages are emotional losses that may include:
- Pain and suffering
- Mental anguish
- Loss of consortium, companionship, guidance, protection, or support
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Please Call to Learn More
Our legal team at Pintas & Mullins Law Firm is determined to hold negligent parties accountable and seek a fair award. Your loved one did not deserve to die before his or her natural time because of someone’s negligent, reckless, or intentional behavior.
If someone’s negligent action caused or contributed to your parent or spouse in a nursing home, you deserve to learn more about your legal options.
Call the office of a Louisville death lawyer at (800) 842-6336 for a free case review.