When placing a loved one into a nursing home facility, we like to think we can trust that they will receive the best care possible. However, sometimes these healthcare facilities break that trust. Unfortunately, in some cases, instead of residents receiving the level of care, they need to live out the remainder of their lives safely and comfortably, they suffer untimely and wrongful deaths. If your loved one has died because of the negligent or reckless actions of nursing home staff, please continue reading to learn who is eligible to file a wrongful death claim in Florida and how our compassionate Manatee County Wrongful Death Lawyers can help you attain justice.
What Are Common Causes of Nursing Home Deaths?
While some residents pass away due to natural causes, there are instances in which the staff mistreats or neglects those in their care. These facilities are legally obligated to protect residents from avoidable harm, but some fail to meet this responsibility, resulting in wrongful deaths. The following behaviors in nursing homes can result in premature deaths:
- Slip and falls
- Infections
- Medication errors
- Inadequate medical care
- Malnutrition and dehydration
- Environmental hazards
- Assault
- Untreated bedsores
- Wandering and elopement
- Restraint injuries
- Understaffing
Who is Eligible to File a Wrongful Death Claim in Florida?
A wrongful death claim can be filed in Florida when someone dies due to another person or entity’s negligence, malicious intent, or wrongdoing. Essentially, this is the most effective recourse for bereaved families to pursue justice for the tragic demise of their loved ones. If the deceased had lived, they would have had the legal right to seek relief for damages they suffered due to someone else’s careless actions.
It’s important to understand that in the state of Florida, only the personal representative of the deceased person’s estate can legally file a wrongful death claim. Generally, the personal representative is appointed during a person’s lifetime and named in a will or may be appointed after death if the deceased left no estate plan. While the wrongful death lawsuit can only be filed by the personal representative, any compensation from the claim is paid to the victim’s estate for the benefit of the survivors and dependents. The representative must list all the surviving family members who have an interest in the lawsuit, including the deceased’s spouse, children, and parents.
While damages from such a loss are immeasurable, a wrongful death claim may help reduce some of the financial burdens associated with the unexpected passing of your loved one. If your family has suffered the sudden loss of a loved one due to another party’s negligence, please don’t hesitate to contact an experienced lawyer from Becker & Lindauer, LLC, who can help you seek the justice and compensation you and your family deserve. Connect with our firm today to discuss your case.
