If you suddenly receive a call that your parent or loved one has suddenly died in a nursing home, it is normal to be suspicious. If they had complained of neglect, then the nursing home could be responsible for the death. A study conducted by a special investigations committee of the House Government Reform revealed that over 5000 facilities were guilty of abuse in 2001.
If you suspect that a loved one has died due to negligent actions by a nursing home, you need to investigate further. TJ Smith has helped numerous clients in wrongful death cases. He can help get to the bottom of the matter and make them pay. While your suspicions may be strong, wrongful death cases are proven by facts. There are several challenges in proving wrongful death.
Nursing Home Defense Attorneys
Nursing homes pay huge sums of money to insurance companies. When a lawsuit is filed, you can be sure that they will have a large team of attorneys to prove their innocence. What you can expect is a fierce court battle. In light of this, you need to arm yourself with a good defense lawyer who will face the defense team and secure you a fair settlement. While the judge or the jury will be sympathetic for your loss, blaming the death of a loved one someone else will require a good case. You must prove beyond reasonable doubt that the nursing home was responsible.
Statute of Limitations
Wrongful death and personal injury lawsuits are subject to the statute of limitations. This is the time allowance given to victims to file their case. In most states, the time limit is two years. Missing this deadline even by one day can nullify your case. This is another reason why you need legal expertise.
Due to the gravity of wrongful death cases, both sides of the divide try all manner of tricks to win the case. The defense will attempt to bury the plaintiff in paperwork. They could also try to misplace medical records in an effort to frustrate the plaintiff. There are several other tricks that can be used as possible defenses. In light of this, you need a lawyer who understands all the tricks in the book and those that are off-script. He should be in a position to anticipate the moves of the defense team and think on his feet.
While most personal injury cases are settled out of court, wrongful death cases are mainly tried in court. This is because a nursing home will rarely admit that they are responsible for the death of a client. There is so much at stake for them because they could easily lose their business. This means that you need to be prepared for a fight when it comes to negligence by a nursing home.
The Need for a Wrongful Death Attorney
It is ill-advised to attempt a wrongful death lawsuit on your own. These lawsuits are complex, and on your own, you cannot fight the nursing home legal team. It is in your best interest to entrust your case to a qualified and experienced wrongful death attorney.