Virginia Nursing Home Untimely Death Lawyer
No one wants to bury a loved one before their time, and most people envision their loved one living a long and fruitful life. Unfortunately, this does not always happen, and when the carelessness or recklessness of another person or institution causes the death of a person, the family of the deceased may elect to file a wrongful death lawsuit.
To prove a person suffered an untimely death, the family of the deceased and their attorney must prove the death could have been avoided and the actions of another caused the death. This can be difficult without the help of a Virginia nursing home untimely death lawyer, who can provide valuable guidance and advice.
If you believe your loved one suffered an untimely death at the hands of another, you may have grounds for a wrongful death claim. Speak to a seasoned nursing home abuse attorney to discuss your case.
Proving Untimely Death
To prove a person is responsible for the untimely death of another, a Virginia nursing home untimely death lawyer will need to prove the following:
- A person has died.
- The death of the deceased individual was caused by the direct or indirect carelessness of the defendant.
- The person filing the lawsuit suffered a loss after the death of the deceased person.
- The person filing the untimely death lawsuit is a representative of the estate of the deceased person.
When evaluating an untimely death case, the court will examine the role of negligence in the case. If a nursing home or its staff could not have prevented or foreseen the death in any way, the suit will probably be unsuccessful.
However, if the death was foreseeable or preventable, and the nursing home did not take reasonable measures to prevent the death, they suit may be successful. During a case, the court will examine how a reasonable person or organization would act during similar circumstances. It may also solicit testimony from outside professionals and experts who do not have a connection to the case.
Recovering Financial Damages
When a family member or spouse files a wrongful death lawsuit against a nursing home, they typically seek some form of financial compensation. This compensation can be used to cover any medical bills, emergency transport costs, lost income, funeral expenses, debt, and any other costs incurred by the family of the deceased. This type of compensation is referred to as pecuniary damages, and must be calculated by the court.
If the defendant committed an act of gross negligence, they court may also decide to award punitive damages. These damages are solely awarded to punish the defendant and prevent them from engaging in similar actions in the future. If the deceased person suffered mentally or physically prior to their death, they may be awarded more compensation.
Compensation for elderly or disabled individuals is typically less than that awarded for younger, healthier, employed individuals. This is because elderly individuals are usually retired and not actively generating income. Also, their children are usually adults and not financially dependent on them for support.
Talk to a Virginia Nursing Home Untimely Death Attorney Today
No one wants to bury their loved one before they are ready, and when a person suffers an untimely death, their entire family can suffer. Financial and emotional strife often follows the untimely death of a person, and their loved ones may feel compelled to seek financial compensation for their ordeal. There is nothing wrong with this, especially when the death of a patient could have been prevented.
Discuss your case with a Virginia nursing home untimely death lawyer when you are ready.
