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Elder Abuse and Nursing Home Wrongful Death Lawyers
Tough representation for families when a senior dies
It’s the worst call any family member can receive – the call that says that your loved one has died. The trauma is just as upsetting when a senior dies as when anyone in a family passes away. The trauma is devastating when it becomes clear that your loved one did not have to die. It’s unimaginable to discover that your beloved father, mother, or grandparent would be alive today – if only the nursing home had followed standard safety protocols. If only they hadn’t stayed silent when abuse occurred. If only they hadn’t delayed essential medical treatment.
The wrongful death attorneys at Garcia & Artigliere balance your need to mourn for your loved one with your right to hold nursing homes liable when they act irresponsibly. Our nursing home wrongful death attorneys will help you cope with the financial stresses of funeral planning, the medical bills your loved one may have incurred, any financial support you lost, and the loss of the love, personal support, guidance, and companionship your loved one provided.
A few of our strong results confirm our ability to help families obtain the compensation they deserve. No amount can ever replace your loved one but a high recovery can help you honor your loved one by helping his/her family live their best lives possible. Some of our highest recoveries include the following:
- $5.4 million dollars. A Fresno California jury was persuaded by elder abuse attorney Stephen M. Garcia to enter judgment for the wrongful death of a woman who came to a skilled nursing home for rehabilitation, but died of an untreated and ignored infection in her abdomen. The verdict included one of the top ten punitive damage awards in the state of California for a single year.
- $1.5 million dollars. Elder abuse attorney Stephen M. Garcia obtained a $1.5 million verdict for the family of a woman who died from more than 10 pressure sores, many of which were infected, black, and necrotic. The coroner found her death to be caused by an infection of accumulated pressure sores.
- Wrongful death settlements and verdicts for $1.55 million and $1.3 million dollars.
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How can we help?
- What types of nursing home abuse and neglect cause wrongful deaths to occur at nursing homes?
- Can nursing homes be held accountable for the wrongful death of a resident?
- Who can file a wrongful death claim?
- How much is the average wrongful death settlement?
- How much time do I have to file a wrongful death claim against a nursing home?
- Do you have a wrongful death lawyer near me?
What types of nursing home abuse and neglect cause wrongful deaths to occur at nursing homes?
At Garcia & Artigliere, our national elder abuse and nursing home neglect lawyers all too often have seen injuries develop complications or injuries be so severe that a loved one dies. We handle every type of wrongful death claim for any senior who died due to abuse or the neglect of a nursing home including the following:
- Elder Abuse Claims. These wrongful death claims include physical abuse, sexual abuse, emotional abuse, and even financial abuse. Seniors may die away from a nursing home due to neglect. In some cases such as when a resident is physically harmed and that harm leads to death, we seek punitive damages.
- Nursing Home Neglect. These wrongful death claims include bedsores, dehydration and malnutrition, broken bones, falls, resident-on-resident abuse, wandering and elopement, and medication errors.
- Delayed Treatment of Strokes. These wrongful death cases may occur when a senior does not receive prompt and competent medical care when a stroke happens in a hospital, at a nursing home, or due to negligent care by a private physician.
Can nursing homes be held accountable for the wrongful death of a resident?
Yes, they can. Nursing homes, assisted living facilities, rehabilitation centers, and other residential facilities owe your loved one a duty of care. If a resident dies on their watch because of abuse, neglect, or negligence, you can hold that facility (and potentially the individuals involved) liable.
But how that process works will vary from state to state. At Garcia & Artigliere, we understand the unique challenges involved in wrongful death claims beginning with the fact that your loved one cannot testify about what happened. We’re skilled at negotiating settlements with insurance companies and trying wrongful death cases before juries.
We work with the police, investigators, doctors, nursing home professionals, and through the formal discovery process to show why the death of your loved one occurred and why it was preventable
Who can file a wrongful death claim?
The person who can file a wrongful death lawsuit and the people who are entitled to benefits varies from state to state. In most states, the executor of the estate (if there is a will) or the personal representative (appointed when there is no will) normally files the wrongful death claim.
The beneficiaries of a wrongful death claim normally include the spouse (or a domestic partner) and the children. In some states, any grandchildren, siblings, and nieces and nephews may be entitled to a portion of the wrongful death award.
How much is the average wrongful death settlement?
Everyone’s life has value. Everyone has the right to live their life to the fullest. We demand that any person or business, any caretaker or nursing home, whose abuse or negligence took the life of your loved one pay for all your damage. Wrongful death damages can include:
- Funeral and burial costs
- The loss of financial support the loved one would have provided while living
- The loss of personal support, love, and guidance the loved one would have provided the family members
- Medical costs
- Pain and suffering felt by the deceased, if applicable
- Pain and suffering of eligible family members and loved ones, if applicable
In some cases, such as if the conduct of the defendant was malicious or criminal, we seek punitive damages.
How much time do I have to file a wrongful death claim against a nursing home?
The time limits for filing wrongful death claims when a senior or a nursing home resident dies vary from state to state. While some states have long time limits, in many states the statute of limitation is just a year or two from the date of death of the resident.
Please contact the nursing home wrongful death lawyers of Garcia & Artigliere as quickly as possible after a loved one dies. The sooner you speak with us, the sooner we can begin to answer your questions and help you understand your rights. We need to investigate what happened, speak with witnesses, examine the records of the nursing home, and take many other states to help you present the strongest case possible on behalf of your loved one – and to help protect other residents in the nursing home.
Delay can hurt your case.
Do you have a wrongful death lawyer near me?
Garcia & Artigliere represents families when a loved one tragically dies due to elder abuse or neglect, nursing home abuse or neglect, or delayed stroke treatment. We have the experience and resources to help families obtain justice for the wrongful death of their loved ones.
When your loved one died too soon, call Garcia & Artigliere to assert your right to compensation
It’s devastating when anyone dies. You can’t share memories. You can’t share their interests. You can’t share stories about the people you both know and love. At Garcia & Artigliere, our wrongful death lawyers understand your pain. We’re ready to fight from day one to hold anyone such as a caretaker or a physician or any business such as a nursing home accountable when their abuse or neglect takes your loved one away. We’ve helped many families just like yours obtain justice. Call or contact our offices today for a free, confidential consultation. We have offices in California, Louisiana, and Arizona today. We serve clients throughout the country. We receive no compensation unless your case is successful.
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