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How to Pursue Wrongful Death Claims After Nursing Home Abuse

By Lisa LeeMarch 27, 2024No Comments

Pursuing a wrongful death claim in the wake of nursing home abuse is a challenging process, especially when compounded by the emotional weight of losing a loved one. An experienced nursing home abuse attorney can provide invaluable assistance by handling the legal processes, gathering compelling evidence, negotiating with the responsible parties, and tirelessly advocating for your rights to obtain fair compensation for the loss of your loved one.

Steps Involved in a Wrongful Death Lawsuit

  1. Seek Legal Counsel

Engaging an attorney experienced in state nursing home abuse and wrongful death laws is vital. You should choose a legal professional with a deep understanding of the state’s regulations and a proven track record in handling similar cases.

  1. Gather Evidence

Your attorney will gather all relevant evidence, including medical records, incident reports, witness statements, and any documentation showcasing negligence or abuse.

  1. Identify Liable Parties

Your lawyer will identify all liable parties in the nursing home abuse case. This may include nursing home staff, administrators, medical professionals, or entities responsible for the care of the deceased.

  1. File a Wrongful Death Lawsuit

Your nursing home abuse lawyer will ensure the lawsuit complies with the state’s legal requirements, outlining negligence or abuse that led to the death and specifying the damages sought.

  1. Engage in Discovery

You would need to participate in the discovery phase, gathering information through depositions, document requests, and interrogatories. This process is vital for building a robust case under state legal standards.

  1. Negotiate a Settlement

Experienced law firms may engage in settlement negotiations with the defendants or their insurance representatives. If a fair settlement is reached, it can expedite resolution and provide relief for the grieving family.

  1. Prepare for Trial

If negotiations fail, your attorney will prepare for trial. They will explain the court procedures, ensuring the case is presented effectively for maximum recovery.

How Can a Walton Law Attorney Help Prove Your Wrongful Death Claim?

Attorneys specializing in wrongful death cases bring a deep understanding of relevant laws and regulations, including those specific to nursing home abuse. Experienced lawyers will work with investigators to collect and preserve vital evidence.

This may include medical records, witness statements, surveillance footage, and any documentation that supports the claim of abuse leading to wrongful death. They will build a case by demonstrating negligence on part of the nursing home or its staff. You may be able to pursue compensation for medical expenses, funeral costs, loss of income, and other applicable damages.

Your lawyers may work with financial and economic experts to assess the full extent of damages. This includes quantifying economic losses such as medical expenses and projecting future losses, as well as determining non-economic damages like pain and suffering.

Qualified wrongful death attorneys can assess whether the nursing home was in compliance with relevant regulations and standards of care. Non-compliance can strengthen the argument of negligence causing the wrongful death.

Get a Dedicated and Assertive Wrongful Death Attorney on Your Side

If you believe your loved one’s death was the result of negligence or abuse in a nursing home, the wrongful death lawyers at Walton Law, A.P.C. can help you hold those responsible accountable. We have a track record of successfully handling wrongful death cases related to nursing home abuse. Our past successes underscore our commitment to achieving justice for our clients. To request your free, no-obligations consultation, call us at (866) 338-7079 or complete this online form.