Suing A Nursing Home For Wrongful Death
Nursing home neglect and abuse is far more common than people would like to think. Tragically, there are times when it is so severe, elderly individuals do not survive it. In these instances, certain people can file a wrongful death claim against the offending nursing home staff members and administrators. Although a wrongful death claim can never undo the tragedy that occurred, it can help family members offset the financial burden of the loss. If you have lost someone you love, our Tampa nursing home abuse attorney outlines what you need to know below.
What are Wrongful Death Claims?
State law defines a wrongful death as any death caused by the negligent, careless, or reckless acts of another person. The law allows certain people to file a wrongful death claim after the loss of a loved one so they can recover damages associated with the death.
Wrongful death claims do hold negligent parties responsible for the death. However, they are very different from criminal cases. During a criminal case, the person responsible for a death may be found guilty and have to serve a sentence, such as jail time and paying high fines. These fines, though, are paid to the state and do not provide any compensation to loved ones of the deceased. The only way family members can obtain compensation is to file a wrongful death claim, which is a civil case, and not a criminal one.
How to File a Wrongful Death Claim in Tampa
Wrongful death claims are very similar to other personal injury cases, but there are some significant differences. The first is that while most personal injury cases have a statute of limitations, or time limit, of four years, you have only two years to file a wrongful death claim. If you do not file your claim within this time limit, you will lose any legal recourse for recovering compensation.
Additionally, only the personal representative of the deceased’s estate can file a wrongful death claim. If the deceased did not name a personal representative before their death, the probate court can assign one. While the personal representative must file the claim, any damages awarded will be distributed to the beneficiaries.
Through a wrongful death claim, family members can receive damages for both the victim’s losses, such as medical expenses they incurred before their death. Loved ones can also claim compensation for their own losses, such as the loss of comfort, guidance, and support provided by the deceased.
Our Nursing Home Abuse Attorney in Tampa Can Help with Your Wrongful Death Claim
Losing a loved one is never easy, but you may be surprised by the financial burden the death will impose on you. At Kohn Law, our Tampa nursing home abuse attorney can help you through the claims process so you obtain the full settlement that will offset those costs. Call or text us now at 813-428-8504 or contact us online to schedule a free consultation and to learn more about how we can help with your case.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.16.html
