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How to file a wrongful death lawsuit over a nursing home death

| Jun 15, 2021 | Wrongful Death

Nursing home abuse and neglect can lead to deaths which can cause family members to wrongfully lose a loved one. Surviving loved ones should know how a wrongful death claim may be able to help them with their damages.

Who can file a wrongful death lawsuit?

Who can file a wrongful death claim for damages varies by state. In Georgia, the surviving spouse of the lost loved one or children, if there is no surviving spouse, may be able to bring a wrongful death claim for compensation of their damages for the wrongful loss of their loved one.

Know the time limits

All lawsuits have time limits known as statutes of limitation associated with them. If these time limits are not met, the victim or their family may be prohibited from bringing a claim for damages. Because these timelines can also vary by state, potential claimants should be familiar with what they are and adhere to them.

Filing a wrongful death claim

The victim or their family will need to file a complaint or petition and summons. They will also need to meet service of process requirements when serving the complaint on the negligent party responsible for the wrongful loss of their loved one.

Seeking damages

A wrongful death claim for damages allows surviving loved ones to seek compensation for their loss including their financial and emotional losses. They may be able to recover compensation for lost earning capacity, loss of support and services and lost prospect of inheritance. The damages are designed to help surviving family members by compensating them for the full value of the lost loved one’s life.

Wrongful death claims and compensation may be able to help in a variety of settings including when a wrongful death takes place in a nursing home because of nursing home abuse or neglect. For that reason, family members should be familiar with the legal protections available when they have experienced the wrongful loss of their one.

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