Losing a loved one in a nursing home is a heartbreaking experience. It’s even worse when their death could have been prevented. If you believe neglect or abuse played a role in your loved one’s passing, you’re likely feeling a mix of grief, anger, and confusion. Wrongful death nursing home settlements can provide some financial relief and help you achieve some sense of justice by holding those responsible accountable.
At McCoy & Sparks, we understand the pain you’re going through. We’re here to guide you with compassion and help you explore your options for seeking justice. Here’s what you need to know about pursuing a wrongful death nursing home lawsuit.
What Is a Wrongful Death Lawsuit Against a Nursing Home?
Sadly, wrongful deaths occur far too often in nursing homes across the United States, even in facilities where residents receive regular medical care. Because many residents are elderly, their deaths are sometimes wrongly attributed to old age or pre-existing conditions, allowing those responsible to escape accountability for substandard care.
However, when a nursing home resident dies due to negligence or unsafe conditions, a wrongful death lawsuit can be an option for surviving family members. These lawsuits seek justice by holding the nursing home financially accountable and helping families recover from their losses.
Negligence can lead to wrongful death in many ways. Here are some of the most common causes:
- Medical neglect—untreated illnesses or injuries due to a lack of necessary medical attention;
- Falls—inadequate supervision or unsafe environments that result in falls, particularly for residents with limited mobility;
- Dehydration and malnutrition—serious health complications caused by insufficient food and water;
- Medication errors—mistakes in medication, such as incorrect dosages or administering the wrong drug; and
- Abuse—physical, emotional, or sexual abuse by staff members that tragically contributes to a resident’s death.
If you suspect any of these or other factors contributed to your loved one’s passing, it’s important to understand your legal options in pursuing a wrongful death lawsuit against a nursing home.
What Are the Average Wrongful Death Nursing Home Settlements?
No amount of money can ever make up for the loss of a loved one. However, a wrongful death claim can provide your family with a sense of justice and much-needed financial support during this painful time. You’re probably wondering what kind of compensation might be possible.
It’s important to understand that no average wrongful death nursing home settlements exist. Each case is unique, and the compensation awarded varies greatly depending on the specific circumstances. Factors that can influence the amounts for wrongful death nursing home settlements include:
- Medical expenses related to the incident,
- The pain and suffering your loved one experienced,
- The degree of substandard care or conduct involved,
- Loss of your loved one’s companionship and financial support, and
- Funeral and burial expenses.
Ultimately, wrongful death nursing home settlements aim to help families cope with the financial impact of their loss and acknowledge the emotional distress caused by the nursing home’s negligence. While monetary compensation can’t erase the pain, it can provide some stability and a sense of accountability.
What to Expect During a Wrongful Death Nursing Home Lawsuit
If you believe your loved one’s death in a nursing home was caused by neglect or abuse, you might be considering legal action but feel unsure about what that involves. At McCoy & Sparks, we believe in providing our clients with the knowledge and support they need to make informed decisions and seek justice.
Here’s what you can expect in a wrongful death nursing home lawsuit:
- Initial investigation. We’ll start by examining the circumstances surrounding your loved one’s passing. This includes reviewing medical records, interviewing witnesses, and, if necessary, consulting with medical experts to determine if negligence occurred.
- Filing the lawsuit. If we find evidence of negligence, we’ll consider filing a lawsuit against those responsible, which could include the nursing home management, staff members, or the company that owns the facility. We work with some of the best specialists in the business.
- Negotiations and settlement. Our team can often reach a fair settlement through negotiations with the nursing home’s insurance company. This can help you avoid a trial and get compensation for your family sooner.
- Trial (if necessary). Our team will take your case to trial if a fair settlement can’t be reached. We’ll present your case to a judge or jury, who will decide if the nursing home was at fault and determine the amount of compensation your family deserves.
It’s important to remember that there are time limits for filing a wrongful death lawsuit. In Kentucky, you typically have one year from the date of your loved one’s death to file a claim but there are exceptions. Deadlines vary by state, so contacting an attorney as early as possible is essential. This ensures you don’t miss any critical deadlines and helps preserve important evidence.
How to Divide a Wrongful Death Settlement
If we can secure a settlement, it’s important to understand how it will be divided among family members. In wrongful death cases, this usually depends on your relationship to the deceased, the laws in your state, and any agreements you make as a family. Spouses and children receive the largest share under Kentucky law. Loss of consortium claims often go along with wrongful death claims and are distributed to the party that asserts such claims. Oddly, Kentucky law currently only allows consortium claims for spouses and minor children. It does not provide for consortium recovery by adult children.
In some cases, a judge must approve the distribution. Discussing how to divide a wrongful death settlement with an experienced attorney can help prevent conflicts and ensure a fair outcome for everyone involved.
How McCoy & Sparks Can Help With Your Wrongful Death Claim
At McCoy & Sparks, we understand the deep sorrow and confusion that can arise after losing a loved one in a nursing home, especially when you suspect negligence played a part. Since 1997, we’ve been committed to helping families in Kentucky find answers and seek justice in these painful situations. We’ve handled countless wrongful death cases and understand exactly what is required and what needs to be done. If you hire McCoy & Sparks, you can rest knowing that you are in trusted and experienced hands.
We know that no amount of money can ever truly compensate for your loss. However, a wrongful death claim can offer a sense of justice and provide your family with financial security while you grieve. It may even help prevent similar tragedies from happening to others.
Our experienced wrongful death attorneys have a strong understanding of the laws and the legal process. We know how to effectively pursue compensation for families who have lost loved ones due to the negligence of nursing homes and their staff. Contact us today if you’re ready to discuss your case or learn more about bringing a wrongful death lawsuit against a nursing home. We’re here to help you hold the responsible parties accountable and fight for the compensation your family deserves.