Palm Beach Gardens wrongful death in nursing homes is a tragic event. Losing a beloved family member can be emotionally devastating no matter the consequences. However, when a loved one dies because of the neglect and treatment of a nursing home, swift legal action against the parties responsible may be warranted.
A compassionate nursing home abuse attorney can help individuals determine if they can file a lawsuit against a nursing home when their loved one dies because of poor medical care, poor treatment by staff, or because of a preventable accident or infection. Florida Statute Section 400.023 provides a right to file a wrongful death lawsuit to recover for the loss of a loved one. Read on to learn more about Palm Beach Gardens wrongful death in nursing homes, as well as the ways a professional injury attorney could offer you their assistance today.
Nursing Home Wrongful Death Lawsuits
There is no one specific act that automatically presents a wrongful death case. However, a wrongful death lawsuit may be filed for any act or effect of negligence, such as dehydration, bedsores that become infected, malnourishment, improper medical care, or even a lack of appropriate supervision. In addition, a wrongful death lawsuit may be filed for overt acts of abuse such as hitting, pushing, or shoving if it results in an injury that causes death. The language of Florida Statute section 400.023 establishes the exclusive cause of action for acts of wrongful death.
Underlying a wrongful death action is the theory of negligence. In the context of assisted care facilities, a nursing home owes a resident a duty of care and may be liable for a wrongful death lawsuit if they caused an injury through a breach of their duty which ultimately resulted in death.
Who May Sue for Palm Beach Gardens Wrongful Death in Nursing Homes?
Florida Statute Section 400.023 also establishes that only certain individuals may file a lawsuit for personal injury or wrongful death in a nursing home. Specifically, a wrongful death action can be brought by a resident’s legal guardian, an individual or organization acting on behalf of a resident, or the personal representative of the estate of the deceased. This can substantially limit who may be entitled to file a wrongful death case for nursing home abuse and neglect, so it is important for potential plaintiffs to ensure they are entitled to file a lawsuit before going to court.
Choosing Between Survival Damages and Wrongful Death Damages
Another important aspect of a wrongful death lawsuit is understanding the types of damages available for grieving family members. Florida Statute section 400.023(b) requires anyone bringing a wrongful death lawsuit to decide whether they are seeking survival damages or wrongful death damages. There are important differences between the two. Wrongful death damages include:
- A nursing home resident’s pain and suffering
- Medical expenses
- Loss of earnings between the time of the accident and his death
- Funeral expenses
- Punitive damages
Know that a dedicated injury attorney may be able to help individuals recover these damages in a settlement or courtroom situation. Those pursuing survival damages can seek compensation for the loss of past and future support and services, one’s loss of companionship, and an individual’s own mental pain and suffering from the date of the injury.
Choosing whether to pursue wrongful death or survival damages is often incredibly personal and depends on someone’s own circumstances and emotions. An attorney who handles cases of Palm Beach Gardens wrongful death in nursing homes should be committed to providing sensitive and supportive guidance during this difficult decision.
Choosing a Palm Beach Gardens Wrongful Death Lawyer
Deciding to pursue a case for Palm Beach Gardens wrongful death in nursing homes is a highly sensitive, private, and emotional decision. It is important to feel comfortable with your lawyer and to feel that they are supportive of your wishes, knowledgeable of the law, and respectful of your loved one. An attorney experienced in Palm Beach Gardens wrongful death in nursing homes can help you and your family through these difficult times and work to ensure your loved one’s rights are protected. Call a qualified injury attorney today to set up your initial appointment.