Unfortunately, as our loved ones age, there may come a time in which they require round-the-clock care and can no longer stay at home. At this point, you might consider moving them into a nursing home or an assisted living facility. While many of these facilities can be trusted, some are rife with abuse and neglect. If your loved one has died while living in a nursing home, you may be eligible to file a wrongful death claim. Please continue reading to learn who is eligible to file a wrongful death claim in New York and how a trusted New York City Wrongful Death Lawyer can help seek justice.
What Nursing Home Negligence Can Result in Death?
In most cases, residents die as a result of natural causes. However, there are instances in which nursing home staff mistreats or neglects those in their care. Even if the person responsible didn’t mean to cause harm, but their action or inaction still caused a nursing home resident to die, you may pursue a wrongful death claim based on their carelessness or poor supervision. The following include, but are not limited to, examples of behaviors that can result in premature nursing home deaths:
- Improper medical care
- Untreated medical conditions
- Physical or sexual abuse
- Medication errors
- Malnutrition
- Dehydration
- Infections
- Bedsores
- Falls
- Sepsis
- Unsanitary conditions
- Wandering or elopement
Who is Eligible to File a Wrongful Death Claim?
If you are faced with the untimely passing of your loved one as the result of the negligent or wrongful actions of another, you may be eligible to pursue a wrongful death claim. It’s important to keep in mind that New York courts don’t allow survivors to seek compensation for damages related to their pain and suffering. Instead, they focus on the financial impact of the loss. That said, to file a wrongful death claim in New York, you must have been financially dependent on the decedent. This generally includes:
- The decedent’s spouse
- The decedent’s parents
- The decedent’s children
- The decedent’s personal representative
It should also be noted that there is a two-year statute of limitations on wrongful death claims. Essentially, eligible individuals must file their claim within two years of the date of the decedent’s death. If the claim is successful, you may be entitled to compensation for medical expenses related to the decedent’s final moments, funeral costs, pain and suffering endured by the ceased in their final moments, lost inheritance for surviving children, loss of benefits, loss of income, and 9% interest of the recovery awarded (starting from the date of the death). However, to collect damages, you must prove that you were dependent on this individual for support in some regard.
A nursing home should be a safe place for your loved one. At the Law Offices of Brian J. Elbaum, we understand how nursing home deaths can impact families. Although no monetary reward can ever bring back your loved one, it can provide financial relief for your family as you try to move on. If you have been affected by such an incident, it’s in your best interest to contact a compassionate New York City wrongful death lawyer who can help you attain justice.
