Georgia Nursing Home Wrongful Death Lawyer

Georgia Nursing Home Wrongful Death Attorney

Most families enter their loved ones into nursing homes so they can receive the care and attention that they would not otherwise get at home or with family. It’s always a difficult decision to make, and you are trusting the nursing home to protect your family from harm. If you have recently lost an elderly loved one in a nursing home, you may need to consult a Georgia nursing home wrongful death lawyer if you believe the death was preventable.

Why You Need a Nursing Home Wrongful Death Lawyer

If you believe that another party is responsible for causing the death of a family member, you may have grounds to file a wrongful death suit. Every state has different laws pertaining to wrongful death claims, but this type of personal injury case effectively replaces the personal injury claim that an injured victim could have filed if they had survived.

Nursing home wrongful death cases are especially difficult. Filing a civil suit against a private individual is very different from filing a case against a nursing home business or a large parent corporation. Many attorneys do not accept nursing home abuse and neglect cases due to their inherent difficulty, but Pleasant Law, PLLC, focuses exclusively on nursing home claims.

When you choose our firm to represent you, you will have a dedicated legal advocate who can answer your questions, guide you through every stage of your proceedings, and help you understand the steps you will need to complete in order to succeed with your claim. You will not need to manage complex procedural obligations while struggling in the emotional aftermath of losing your loved one. We can handle all aspects of your legal case.

Filing a Nursing Home Wrongful Death Suit

When a nursing home violates that trust by causing your loved one’s death it is one of the most painful experiences that a family can suffer. These deaths may be sudden and unexpected, or they may result from lingering injuries that gradually worsened over time. Family members may regret their decision to enter their loved one into a nursing home or blame themselves for their loss. However, the fact of the matter is that the nursing home had a responsibility to your loved one who was in their care, as well as to you and your family.

Wrongful deaths are preventable deaths that occur due to another person’s or entity’s negligence, carelessness, or misconduct. In wrongful death cases involving nursing home patients, those responsible include the nursing home itself, and possibly others including individual caregivers/staff as well as the corporate organizations behind the nursing home such as management companies. If you suspect that a nursing home is responsible for your loved one’s death, you may be able to receive compensation through a wrongful death lawsuit.

For a case review by the nursing home wrongful death attorney at Pleasant Law, PLLC, call (919) 867-5575 or send a message.

Free Case Review

Holding Nursing Homes Accountable for Resident Deaths

It can be difficult to hold nursing homes accountable for wrongful deaths that result from their negligent care. That is why it’s important to arm yourself with experienced and skilled legal representation. I started Pleasant Law, PLLC, to empower nursing home residents and their families. I have been practicing law for over 25 years and have a strong record of successfully prosecuting nursing home corporations and recovering damages for my clients.

Schedule a case evaluation with Pleasant Law, PLLC, by calling (919) 867-5575 or sending a message. A Georgia nursing home wrongful death attorney will determine if we can help you pursue a lawsuit. While a wrongful death claim is a type of personal injury claim, there are special rules that apply to this type of case that you must understand in order to ensure the greatest chances of success with your claim.

Pleasant Law, PLLC, has extensive professional experience handling cases that many other attorneys will not accept. Any type of civil case against a nursing home is inherently challenging due to the scope of the legal protections that these businesses typically have, thanks to years of lobbying. However, we know how to pierce this apparent protection when a nursing home has caused the death of a resident through abuse or neglect of any kind.

Filing Wrongful Death Lawsuits Against Nursing Homes in Georgia

In general, to file a wrongful death case most states require you to show that the deceased person, also called the decedent, would have been able to file a personal injury lawsuit had they survived their injuries.

Prevailing in a wrongful death lawsuit against a nursing home can be significantly more complicated than in an injury-only case. Nursing home residents typically have documented pre-existing medical conditions, and nursing homes may cite these as the cause of a resident’s death. Pleasant Law, PLLC, compiles evidence and uses medical experts to prove that the nursing home caused the fatal injury.

Nursing homes are responsible for wrongful deaths when their negligent or abusive practices caused the injury that led to the resident’s death. For instance, the nursing home staff may leave residents who have limited mobility unattended for long periods and ignore their calls for assistance. Some residents might attempt to get up on their own, which can cause them to fall and become injured (a leading cause of death among nursing home patients). Other residents might remain in one position for too long, causing them to develop bedsores or pressure ulcers, which can then lead to deadly infections like sepsis.

Nursing homes may routinely fail to assist residents who need help eating or drinking, all the way to the point of becoming malnourished or dehydrated, severely weakening residents and compromising their ability to fight off infectious diseases and other problems like bedsores. Nursing homes are also responsible for the individual actions of staff members who might physically assault or abuse residents, especially if these staff members were not properly vetted or have had complaints filed against them in the past.

If your loved one suffered a fatal injury due to a nursing home’s negligence or abuse, you may be eligible to recover the following damages:

• Medical costs. If your loved one’s condition deteriorated prior to their passing, it is possible to hold the defendant accountable for any increased medical expenses incurred because of their actions.
• Funeral expenses. It is likely that your loved one’s funeral and burial will be completed prior to the completion of your wrongful death suit. Whoever covered these expenses can expect reimbursement from the defendant if you are successful with your wrongful death claim.
• Pain and suffering. Your attorney can help you determine whether it is possible to claim compensation for the pain and suffering the victim experienced prior to their death, and you may also claim compensation for the loss you and your family experienced.
• Emotional distress. The closest surviving family members of the deceased have the right to seek compensation for the emotional damage they suffered from the death. Loss of affection, companionship, care, and guidance are all claimable losses.
• Potential punitive damages (reserved for instances of gross negligence or intentional misconduct). When a defendant has broken the law in causing a wrongful death, they are likely to face criminal penalties alongside civil liability for wrongful death. This could translate to additional compensation for the family of the victim in the form of punitive damages. The amount paid generally hinges on the severity of the defendant’s actions.

The case award you and your family receive from a successful wrongful death suit will not replace your lost loved one, but it can provide a sense of closure and help your family manage the expenses and losses sustained due to the defendant’s actions. Additionally, the nursing home in Georgia could face formal penalties from government oversight agencies, so your successful case may also prevent others from facing similar harm in the future.

Settlement Versus Litigation

It is sometimes possible to settle a wrongful death claim outside of court in Georgia. If the nursing home knows they are liable for your loved one’s death, they will likely do whatever they can to settle the case as quickly and as quietly as possible to avoid damage to their business reputation. However, a settlement requires all parties involved to be willing to compromise and negotiate.

During settlement negotiations, the parties involved in the case meet privately to discuss mutually acceptable terms. However, if they cannot reach an agreement in this manner, the case will need to be resolved at trial. You will need an experienced attorney on your side if you must litigate your case. Litigation may also be unavoidable if the death resulted from criminal negligence or any type of intentional misconduct.

Pleasant Law, PLLC, can work closely with you and your family to determine the optimal path to resolving your case. We can carefully construct your claim to ensure we have all the evidence necessary to prove liability, and you can rely on our team to help you settle your claim if possible. We are also fully prepared to represent you in the courtroom if necessary.

What to Expect From Your Georgia Nursing Home Wrongful Death Lawyer

The right legal representative on your side can have a tremendous positive influence over the outcome of any nursing home wrongful death suit and the quality of your experience throughout your proceedings. When you choose Pleasant Law, PLLC, to represent you, you are investing in years of professional legal experience focused solely on nursing home abuse and neglect cases.

We know how difficult it is to lose a family member unexpectedly, and even if your loved one was naturally nearing the end of their life, losing them too soon because of the negligence or misconduct of their caregiver is an unacceptable situation that demands legal recourse. You can rely on our team to help you gather the evidence necessary for building a strong claim, and we can guide you through the procedural requirements of filing it as quickly as possible.

When it comes to securing compensation for your family’s loss, we will do everything we can to maximize the case award you obtain from the defendant responsible for your loved one’s death. Our goal in every nursing home wrongful death suit we accept is to help our client resolve their case as swiftly as possible and to secure the maximum amount of compensation possible under state law.

Pleasant Law, PLLC, can provide the focused legal counsel you need for your impending case. During your initial consultation with our team, we can listen to the details of your situation and help you understand the process of filing your claim, what you can expect as the case unfolds, and the legal services we provide that can make it much easier to resolve your case efficiently.

Contact Pleasant Law, PLLC, today to schedule your free initial consultation with a trustworthy Georgia nursing home wrongful death lawyer. We can develop a cohesive legal strategy to assist your family with your wrongful death suit. The firm accepts clients from North Carolina, Georgia, Kentucky and Tennessee.