Wrongful Death in Nursing Homes
- Reviewed By
Anthony C. Lanzone, Founding Partner
Table of Contents:
- How Our Nursing Home Abuse Attorneys Can Help with Your Wrongful Death Claim
- Who Can File a Wrongful Death Claim in California?
- What Damages Can Be Recovered in a Nursing Home Wrongful Death Case?
- Common Causes of Wrongful Death in Nursing Homes
- How to Hold a Nursing Home Liable for Wrongful Death
- The Process: 5 Steps to File a Nursing Home Wrongful Death Lawsuit
- Reach Out to Our Nursing Home Abuse Lawyers Today for Help Filing a Wrongful Death Claim
Placing a loved one in a nursing home is an act of trust. You trust the facility to care for, respect, and protect your loved one. When that trust is broken by negligence or abuse, it can lead to the unthinkable—the wrongful death of your parent, spouse, or other family member—and the pain can be overwhelming. You deserve answers. You deserve justice.
The experienced and skilled attorneys at Lanzone Morgan, LLP, understand the devastation you are facing and are here to help you hold those responsible accountable. With over 75 years of combined experience and over $200 million in compensation recovered, we are one of the nation’s leading elder abuse law firms. Representing families across California, we relentlessly hold negligent nursing homes accountable. Our team does not take the faith our clients put in us lightly, as we approach every case with empathy, compassion, and the determination to fight as if we were representing our own family.
With 24/7 availability, a free consultation, and a hands-on approach, you never have to feel alone. Let us help you advocate for your right to compensation and quality care.
How Our Nursing Home Abuse Attorneys Can Help with Your Wrongful Death Claim
At Lanzone Morgan, LLP, we are not just another personal injury law firm—we are singularly focused on nursing home abuse cases. This exclusive dedication allows us to navigate the complexities of wrongful death claims with unmatched efficiency.
Your Legal Rights & How We Support You
The law allows families to pursue claims for medical expenses, funeral costs, loss of companionship, and the pain and suffering their loved ones have endured. However, wrongful death lawsuits can be legally complex, and nursing homes often have powerful legal teams defending them. That’s where we come in.
We’ll handle every aspect of your case, from investigating and gathering evidence to negotiating settlements and taking cases to trial if needed. Our attorneys are experienced trial lawyers with a proven track record of success, and are prepared to leverage our knowledge and experience to help you receive the compensation and justice your family deserves
Our Team – Your Advocates
Our team is led by James M. Morgan and Anthony C. Lanzone, two highly respected trial attorneys who have dedicated their careers to advocating for victims of elder abuse.
Our attorneys are also active members of the Nursing Home Litigation Group for the American Association for Justice, an organization dedicated to holding nursing homes accountable.
Fighting for Safer Care for All
Elder abuse in nursing homes is more widespread than many realize. One in three nursing home facilities has been involved in elder neglect or abuse. We are committed to changing that and creating safer nursing homes across California so that all seniors receive the care, dignity, and respect they deserve.
Who Can File a Wrongful Death Claim in California?
California law allows certain family members to file a wrongful death claim to hold the responsible parties accountable. The following people can bring a wrongful death action:
- The spouse or domestic partner of the deceased
- The children of the deceased
- The grandchildren of the deceased, if the deceased’s children are no longer living
- If none of the above exist, anyone who would be entitled to inherit the deceased’s property under California’s intestate succession laws
Alongside a wrongful death claim, families may also file for a survival action, which allows the deceased’s estate to recover damages the deceased could have pursued if they survived.
If you lost a loved one due to nursing home negligence, you may have the legal right to seek justice through a wrongful death lawsuit, but timing is crucial. California law provides families two years from the date of their loved one’s death to file a claim.
If you miss the deadline, the court will likely dismiss the case, and your family may lose the chance to seek justice and compensation. Don’t wait until it is too late. Our experienced attorneys understand the legal complexities and deadlines associated with filing for wrongful death and survival actions in nursing home abuse cases and will fight to secure your right to compensation.
What Damages Can Be Recovered in a Nursing Home Wrongful Death Case?
No amount of money can replace a loved one, but pursuing compensation is about more than just financial recovery. It is about holding negligent facilities accountable and providing your family with the financial support they need during this difficult time.
Compensation in a nursing home wrongful death case may include money for the following damages:
- Loss of income that the deceased provided for your family
- Funeral and burial costs
- Medical expenses incurred as a result of the negligence that led to their passing
- Pain and suffering endured by the deceased before their death
- Loss of companionship, care, and support
If the case results in a settlement or judgment, the financial award will be distributed among those entitled to receive compensation. The parties could agree to a distribution. If not, a court may apportion the proceeds. The most common arrangement provides equal distribution among beneficiaries or a larger share going to the surviving spouse and children, while some families may require a hearing to determine how the damages should be allocated.
Assigning a dollar amount to the loss of a loved one is difficult, especially when some damages are not tied to specific financial costs. At Lanzone Morgan, LLP, we understand these complexities and are committed to fighting for every loss to be recognized and accounted for.
Common Causes of Wrongful Death in Nursing Homes
Wrongful deaths in nursing homes often result from negligence, abuse, or substandard care. Some common examples include the following:
- Falls and broken bones
- Malnutrition and dehydration
- Medication errors or untreated medical conditions
- Bedsores and infections
- Resident-on-resident violence or physical abuse
- Unsanitary or unsafe living conditions
- Elopement or improper supervision
Your family placed the care and safety of your loved one in the hands of a facility that broke your trust. While no lawsuit can undo the pain of loss, our team can seek justice and compensation for your family during your period of grief.
How to Hold a Nursing Home Liable for Wrongful Death
To hold a nursing home accountable for wrongful death, we are required to provide proof of negligence, which involves four key elements:
- Duty of Care: Nursing homes have a legal obligation to provide residents with proper care, supervision, and a safe environment.
- Breach of Duty: This occurs when the facility fails to meet its duty of care. Common breaches include:
- Failure to provide adequate supervision
- Neglecting medical conditions
- Dangerous facility conditions
- Causation: We must present evidence of the nursing home’s negligence directly or indirectly causing the wrongful death of your loved one.
- Damages: We are required to demonstrate measurable, recoverable losses resulting from your loved one’s death, such as medical expenses, pain and suffering, and loss of companionship.
Proving these elements requires strong medical evidence, expert testimony, and thorough documentation. At Lanzone Morgan, LLP, our attorneys have the experience and resources needed to gather necessary evidence, secure expert witnesses, and build a compelling case on your behalf.
The Process: 5 Steps to File a Nursing Home Wrongful Death Lawsuit
- Consultation
At Lanzone Morgan, LLP, we offer free case evaluations to assess the validity of your wrongful death claim and determine your legal options. - Collecting Evidence
Our experienced legal team will thoroughly investigate the circumstances surrounding your loved one’s death and gather key evidence to build your case. - Filing
We will file your lawsuit with the appropriate court by the applicable deadline and litigate your case aggressively. - Settlement Negotiations
Our attorneys will work diligently to negotiate a fair settlement on your behalf, seeking the maximum compensation possible. - Trial
If a settlement cannot be reached, we will prepare to take your case to trial, where we will fight relentlessly to achieve a favorable verdict for your family.
The length of a nursing home wrongful death lawsuit depends on various factors, including the complexity of the case, the willingness of the nursing home to settle, and the amount of evidence required. Some cases settle in a few months, while others can take years to resolve. We understand how overwhelming this process can be, and we are committed to supporting you every step of the way.
We believe in being a voice for the voiceless, advocating for the rights of those who can no longer speak for themselves while providing compassionate and aggressive legal representation every step of the way. While the timeline for a wrongful death case may vary, you can count on us to be by your side, offering the empathy and dedication necessary to fight for the justice your family deserves.
Reach Out to Our Nursing Home Abuse Lawyers Today for Help Filing a Wrongful Death Claim
If you have lost a loved one due to nursing home neglect, Lanzone Morgan, LLP, is here to help you seek justice and hold those responsible accountable. Contact us today for a free consultation.
- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.
VIEW SOURCES
- Fact-Checked
This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.