When you entrust the care of a loved one to a nursing home, you expect them to receive proper attention and quality healthcare. Unfortunately, this trust is sometimes broken, leading to tragic outcomes.
If your loved one dies in a California nursing home and you suspect negligence or abuse, you may be wondering about your rights to file a wrongful death suit.
Proving negligence or abuse
To file a wrongful death suit, you must show that the nursing home’s negligence or abuse directly caused your loved one’s death. This might involve a failure to provide necessary care, medication errors or physical or emotional abuse.
Establishing a legal right to sue
In California, not everyone has the legal right to file a wrongful death suit. Typically, only close relatives like spouses, children or parents have this right. However, others might be able to sue if they can prove they were financially dependent on the deceased.
Filing the suit in a timely manner
California law requires you to file a wrongful death suit within two years of the death. If you do not file within this period, known as the statute of limitations, you might lose your right to sue.
Presenting strong evidence
You must present strong evidence to support your claim. This can include medical records, witness statements and any records of complaints or violations against the nursing home.
In a wrongful death suit, you can seek damages for medical and funeral expenses, loss of companionship and other losses. However, proving these losses often requires extensive documentation.
Losing a loved one is always painful, and knowing they might have suffered due to negligence or abuse can be even harder to bear. If your loved one dies in a nursing home and you suspect wrongful conduct, you have the right to seek justice. While filing a wrongful death suit cannot bring back your loved one, it can provide some measure of closure and help prevent similar tragedies in the future.