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Long Beach Nursing Home Attorneys Handling Wrongful Death
Strong legal representation when a California nursing home resident dies
Wrongful death in nursing homes is a term used to describe the death of a resident that is caused by the negligence of the nursing home or its staff. This can include neglect, abuse, or other forms of mistreatment. If a loved one dies in a nursing home, it is important to investigate the circumstances surrounding their death. If you believe that their death was caused by negligence, you may be able to file a wrongful death lawsuit.
The Long Beach nursing home abuse and neglect attorneys at Garcia & Artigliere understand the devastation when a loved one dies in a nursing home or living assisted facility due to negligence. We extend our deepest condolences to you and your family during this difficult time. With over 150 years of combined experience, our compassionate team of California attorneys knows how to handle wrongful death cases in nursing homes and is here to support you in seeking justice for your loved one.
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What can cause wrongful deaths at Long Beach nursing homes?
Wrongful deaths can occur in nursing homes due to a variety of causes, including:
- Neglect. This is the failure to provide adequate care to a resident. This can include things like failing to provide food, water, or medication; failing to change diapers or sheets; or failing to provide assistance with bathing or dressing.
- Abuse. This is the intentional infliction of harm on a resident. This can include physical abuse, sexual abuse, or emotional abuse.
- Medication errors. This is the administration of the wrong medication, the wrong dose of medication, or the medication at the wrong time.
- Falls. Falls are a leading cause of injury and death in nursing homes. Falls can be caused by several factors, including poor lighting, slippery floors, and inadequate staffing.
- Bedsores. Also called pressure ulcers, these are caused by prolonged pressure on the skin, which can cut off the blood supply to the area. Pressure ulcers can lead to serious infections and even death.
- Malnutrition and dehydration. Malnutrition and dehydration are conditions where the body does not get enough nutrients. This can lead to several health problems, including weight loss, fatigue, and weakness. It can also make it more difficult for older adults to heal from injuries or infections.
In addition to these causes, several other factors can contribute to wrongful deaths in nursing homes, such as:
- Understaffing
- Poor training
- Inadequate supervision
If you believe that your loved one died in a nursing home due to negligence, our experienced nursing home wrongful death lawyers today. We can help you investigate the circumstances surrounding your loved one's death and determine if you have a case.
Who can file a wrongful death claim in California?
In Long Beach, California, the following parties are eligible to file a wrongful death claim:
- Surviving spouse, domestic partner, or children
- Other family members such as siblings, parents, or legal guardians
- Dependent minors such as those living in the household who depended on the deceased for half or more of their financial support
- Personal representative of the deceased's estate
If you have questions about your eligibility, please contact the attorneys at Garcia & Artigliere as soon as possible. The statute of limitations is only two years from the date of your loved one’s death.
Can I file a lawsuit over a nursing home wrongful death?
When a nursing home resident dies due to the negligence of the nursing home or its staff, the survivors of the deceased person may be able to file a wrongful death lawsuit. In a wrongful death lawsuit, the survivors can recover damages for their losses, such as funeral expenses, lost wages, and pain and suffering.
The first step in filing a wrongful death lawsuit is to identify the liable parties. The liable parties are the people or entities who were responsible for the death of the nursing home resident. In most cases, the liable parties are the nursing home itself and its staff.
However, there may be other liable parties in some cases. For example, if the death of the nursing home resident was caused by a defective medical device, the manufacturer of the medical device may also be liable.
To determine who is liable for the death of the nursing home resident, it is important to investigate the circumstances surrounding the death. This investigation should include interviewing witnesses, reviewing medical records, and obtaining expert opinions. Once the liable parties have been identified, the survivors of the deceased person can file a wrongful death lawsuit. The lawsuit should be filed in the appropriate court, which is typically the court where the death occurred.
The lawsuit should include a complaint, which is a document that sets forth the facts of the case and the legal claims that the survivors are making. The complaint should also include a demand for damages, which is the amount of money that the survivors are seeking. The nursing home or other liable parties will then have an opportunity to respond to the complaint. The response may include denying the allegations in the complaint or asserting defenses.
If the case goes to trial, the jury will decide whether the nursing home or other liable parties are liable for the death of the nursing home resident. If the jury finds that the nursing home or other liable parties are liable, the jury will also decide the amount of damages that the survivors are entitled to receive.
What is the value of my California wrongful death claim?
If the survivors of a nursing home resident are successful in their wrongful death lawsuit, they may be able to recover damages for their losses. The damages that the survivors can recover will depend on the specific facts of the case.
However, some of the damages that the survivors may be able to recover include:
- Funeral expenses. The cost of the funeral and burial.
- Lost wages. The wages that the deceased person would have earned if they had not died.
- Pain and suffering. The emotional and physical pain and suffering that the survivors have experienced as a result of the death.
- Loss of companionship. The loss of the companionship and support of the deceased person.
The amount of damages that the survivors can recover will also depend on the laws of the state where the lawsuit is filed. In some cases, the survivors may be able to recover punitive damages, which are damages that are intended to punish the nursing home or other liable parties for their wrongdoing.
Do you have an attorney who handles nursing home neglect near me?
Garcia & Artigliere has offices at 180 E. Ocean Blvd., Suite 1100, Long Beach, CA 90802.
California nursing home neglect attorneys handling wrongful death claims
If your beloved family member has tragically lost their life due to wrongful death in a nursing home, the time to seek justice is now. At Garcia & Artigliere, we understand the immense pain and grief you are going through, and we are here to support you through this challenging journey. Call our Long Beach offices or fill out our contact form today.
We only collect attorney fees if we win your case. With additional offices in Louisville, Los Angeles, Phoenix, and New Orleans, our nursing home neglect lawyers serve families throughout the U.S. from our. Our services are available in both English and Spanish.
Se habla español.