A nursing home is supposed to take good care of your loved one. When such a facility instead causes your loved one’s death through neglect or lack of care, that can understandably make you upset. This is when you may want to think about filing a wrongful death lawsuit. A New Jersey nursing home abuse lawyer from our firm can help you hold any negligent parties accountable for the harm that they have caused.
Who Can Sue a Nursing Home for Wrongful Death?
When you suspect the wrongful death of your family member, you need to know who is able to make such a claim in court. Each state has its own rules about who can file a wrongful death claim. In New Jersey, the executor of the deceased’s estate is the one with the right to move such a case forward.
If you are not the executor of the will, you would have to convince them to make the claim. You cannot go around them and file a lawsuit yourself.
Who Can Be Held Liable in a Case Like This?
There could be multiple parties involved in a wrongful death lawsuit like this. A lawyer can help you carefully investigate what happened to your loved one and make sure that all negligent parties are held accountable. That can include:
- Nursing home administrators
- Staff members
- The owners of the facility
- Other residents
- Third-party caregivers
What Are Common Causes of Wrongful Death in Nursing Home Facilities?
There are a few common ways for a nursing home to cause the wrongful death of a resident. Some issues we see often include:
- Neglect of a resident’s care needs
- Intentional harm to residents
- Physical or sexual abuse
- Misdiagnosis or delay of a diagnosis
- Failure to stop resident on resident violence
- Failure to notice abuse or assault of a resident
- Medication errors
When you move your loved one into a nursing home, you expect them to be well taken care of. You expect the staff to have their best interests in mind. When you find out that your loved one’s health and safety was not a priority, that can be devastating.
What Kinds of Damages Can I Win?
Your compensation in a wrongful death case should address the economic damages you suffered as well as those damages that are harder to quantify. Economic damages can include things like the cost of medical care for your loved one and funeral expenses. Non-economic damages are meant to compensate you for those things that are difficult to put a price tag on, like the loss of guidance and any pain and suffering you and your family have experienced due to your loved one’s passing.
Talk to an Attorney Today
A nursing home is going to have lawyers of its own, so make sure that you have an experienced attorney on your side. Contact the Law Office of Craig M. Rothenberg and schedule a consultation with our team today.
