Virginia Nursing Home Wrongful Death Lawyer

Placing a loved one in a nursing home is a major decision for most families, and often, it is a decision made out of necessity. Most nursing homes provide elderly and infirm patients with a healthy and supportive environment, but some put the needs of patients last. Since most nursing home patients are elderly or suffering from health problems, this choice to prioritize funds over people can have deadly consequences.

If you believe your loved one died under suspicious circumstances, or you believe their death was caused by negligence or abuse, you may be able to obtain financial compensation for your ordeal. Nursing homes are held to a high standard of care, and when they do not deliver this standard, they can be held accountable in a civil court.

Talk to a Virginia nursing home wrongful death lawyer today to learn more. Let a compassionate nursing home abuse attorney fight for your rights.

The Anatomy of a Wrongful Death Lawsuit

When a person dies as a result of negligence, their immediate family members may elect to file a wrongful death case. Such cases can only be filed by the representatives of an estate belonging to a deceased person, and multiple parties can be held accountable. It is also important to note that a wrongful death case can be filed against a person or party even if they were found not guilty of criminal wrongdoing.

To win a case, a Virginia nursing home wrongful death lawyer will have to establish certain facts. A wrongful death case may be winnable if a lawyer can prove:

  • A person has died.
  • The defendant owed a duty of care to the deceased person.
  • The actions of the defendant directly or indirectly resulted in the death of the deceased individual.
  • The person filing the wrongful death suit is a representative of the estate belonging to the deceased individual.

In nursing homes, staff members and administrators owe a duty of care to all patients. This involves providing patients with a professional standard of medical care and supervision.

When evaluating a wrongful death case, the court will examine the actions of the defendant extensively. It may use expert opinions from other nursing home professionals to decide if the actions taken by the caretakers of the deceased were reasonable and in their best interest. If the actions or inaction of the nursing home staff where unreasonable, the case against the defendant will be stronger.

How Much is a Wrongful Death Case Worth?

In most wrongful death cases, family members will request financial compensation. In many cases, the loved ones of a deceased nursing home patient will receive pecuniary damages, which are meant to reimburse loved ones for the expenses they incurred as a result of the death of the deceased person. They may receive compensation for pain and suffering, lost income, funeral expenses, and medical bills.

Family members of older individuals may receive less than family members of younger, healthier individuals. Since most nursing home patients are unable to work or retired, they do not actively generate an income. Also, since they tend to be older, their future earning potential is relatively low. All these factors will come into play when deciding on an award amount.

Work with a Virginia Nursing Home Wrongful Death Attorney Today

If the negligence or carelessness of another person resulted in the death of your loved one in a nursing home, you are probably feeling angry and confused. No amount of money can bring back your loved one, but it can help cover any expenses your family has incurred.

No one should be forced to pay for the death of a loved one who died at the hands of a negligent party. Contact a Virginia nursing home wrongful death lawyer today for additional information.