Nursing homes should care for residents and ensure everyone is safe, but this is not always the case. If emotional, mental, or physical abuse in a nursing home facility caused the death of your loved one, a Philadelphia death lawyer can help you pursue justice.
We can use legal grounds to negotiate on your behalf. Pintas & Mullins Law Firm will walk with you throughout the journey to ensure a fair outcome. Call us today at (800) 842-6336 for a free consultation.
What Filing a Wrongful Nursing Home Death Lawsuit Will Require
Federal and state laws recognize individuals closest to the deceased, including those who depended on the person for financial support. The people who can file a claim for death due to negligence in a nursing home include the:
- Spouse of the deceased
- Parents of the deceased
- Adult children of the dead, who were financial dependents
Evaluating the Monetary Compensation of a Wrongful Death Claim
Understanding your claim’s value can ensure that you do not accept a lower settlement offer from the responsible parties than what is fair. A lawyer can help estimate the amount you should receive as a settlement for your loved one’s wrongful death. This calculation aims to evaluate the monetary value of such an unfortunate incident.
We will consider the categories of economic and non-economic damages. We will base our calculation for wrongful death compensation on different factors, such as:
- The health of the deceased at the time of their passing
- The income of your loved one before their death
- The level of special training attained by the decedent to secure employment
- Lost future benefits, including vacation time and pension
- Recklessness, negligence, and intention of the responsible parties
- Pain and suffering due to injuries leading to the decedent’s passing
Adhering to the Statute of Limitations in Pennsylvania
If your loved one died in a nursing home because of the facility’s negligence, you have two years from the time of the death to file a lawsuit under Pennsylvania Consolidated Statutes (CSA).§5524(2). Therefore, do not wait any longer to seek justice. You do not want the statute of limitations to bar you from pursuing a financial award.
Consulting a lawyer can help you understand the process and choose your course of action.
Proving Liability in a Nursing Home Wrongful Death
Qualified nursing homes must follow the federal rules and regulations regarding the standard of care to offer to its residents. For example, they must protect and treat everyone with dignity.
According to the Nursing Home Reform Act, nursing homes must ensure their premises are safe for residents and free of possible hazards. Furthermore, care providers must exercise diligence in their duties and supervise residents to minimize the risks of accidents and injuries.
Nursing home facilities should work with well-trained professionals in each department to ensure standard, quality care. For example, those treating residents must meet the required medical knowledge to avoid malpractices.
Other actions qualifying for criminal penalties include negligence, financial exploitation, and sexual or physical abuse.
If negligence in a nursing home led to severe injuries and the wrongful death of your loved one, you could use the law to hold the facility and staff responsible for damages. However, you will have to prove that negligence in the facility caused the death of your loved one.
A Philadelphia death lawyer will thoroughly examine the circumstances surrounding your claim and help you in various ways, such as:
- Demonstrating the nursing home’s responsibility in offering standard care to the deceased
- Proving the nursing home’s breach of care, including improper supervision of the residents or failure to provide a safe environment
- Proving neglect of duty caused the death of your loved one
Any professional in a nursing home can be responsible, including supervisory employees, custodial staff, doctors, and nurses. Proving negligence in a nursing home death can be complicated and may involve multiple parties. A lawyer can collaborate with other professionals to investigate the case and determine all parties liable.
Types of Damages You Can Recover
If the lawsuit is successful, you can recover different types of damages in a nursing home wrongful death claim. The local courts can award tangible and intangible losses, including:
- Pain and suffering
- Mental anguish
- Burial and funeral expenses
- Loss of companionship
- Medical expenses, like hospitalization, surgeries, and therapy
For a free legal consultation with a Philadelphia Death Lawyer serving Philadelphia, call (800) 794-0444
File a Claim with a Philadelphia Death Lawyer
A nursing home that fails in its duty to care for its residents can suffer consequences. The complainant can file a lawsuit against the negligent employees. The facility may also pay fines. Unfortunately, this does not assure family members of the deceased’s financial compensation for damages.
The wrongful death of your loved one can be a painful experience. There are costs associated with such a loss. We understand fighting for your loved one’s rights, and organizing for a decent burial can be challenging.
We can represent you and pursue the claim, giving you peace of mind. Our law firm can identify all the responsible parties, in hopes that they pay for their actions.
Our legal team is committed to working hard to protect our clients and negotiate for fair settlements. While monetary compensation may not undo mental and emotional anguish, we hope it will help minimize some pressing issues, like financial strain.
Philadelphia Philadelphia Death Lawyer Near Me (800) 794-0444
Contact Pintas & Mullins Law Firm to Get Started on Your Claim
Negligence in nursing homes leaves residents at risk of potential hazards, including severe injuries and even death. The loss of your loved one can drain you physically, mentally, and emotionally, but we can help you seek justice. Contact Pintas & Mullins Law Firm at (800) 842-6336, and get started on the process of filing a successful claim.