Wrongful Deaths in Nursing Homes By Chanfrau & Chanfrau on June 16, 2023

candlesMany people rely on nursing homes to care for elderly relatives. Family members deserve to know their loved ones are well cared for in a nursing home facility. Unfortunately, nursing home negligence and abuse are widespread problems that can result in illness, injury, or death.

When a nursing home resident would still be alive had they received proper medical treatment or had not been subject to neglect or abuse, it is a wrongful death. Surviving family members of nursing home wrongful death victims can work with lawyers at Chanfrau & Chanfrau, which serves the Daytona Beach, FL, and Palm Coast, FL, areas to file a claim against liable parties.

Causes of Nursing Home Wrongful Deaths

Nursing home residents rely on staff to provide for their basic needs and monitor their overall well-being. Several types of misconduct, abuse, or neglect can result in wrongful death. Some causes of nursing home wrongful deaths include:

  • Malnutrition
  • Dehydration
  • Medication errors
  • Assault
  • Lack of fall prevention measures
  • Untreated medical conditions
  • Bed sores
  • Uncontrolled or untreated infections

Who Is Liable for Nursing Home Wrongful Deaths?

Many people may be liable for a nursing home wrongful death. Depending on the circumstances behind the death, liable parties may include staff members, nursing home administrators, third-party caregivers, or other residents. In many cases, a lawsuit can be filed against the nursing home facility, since they are ultimately responsible for the care of their residents.

Who Can File a Wrongful Death Lawsuit?

In Florida, a wrongful death lawsuit can be filed by the personal representative of the deceased person’s estate. The personal representative may be named in a person’s will or estate plan or appointed by the court after the deceased’s death if they left no will or estate plan. While the lawsuit is filed by the estate’s personal representative, the claim is filed on behalf of the deceased’s dependents. Beneficiaries who may collect damages collected in a wrongful death lawsuit include:

  • Spouse
  • Children
  • Parents
  • Siblings
  • Any relatives who were financially dependent on the deceased

Potential Damages in a Wrongful Death Case

No amount of money can make up for the loss of a family member, especially when the death was unexpected and preventable. Still, surviving loved ones deserve to be compensated for the emotional and financial losses related to wrongful death. 

The amount of a wrongful death settlement depends on the types of damages suffered by the deceased’s estate and survivors of the deceased. In a wrongful death lawsuit, the court may award the following types of damages:

  • Health care and medical costs
  • Loss of income or benefits
  • Funeral and burial costs
  • Pain and suffering of the deceased
  • Loss of consortium (loss of companionship)
  • Punitive damages (may be awarded to punish the nursing home facility and discourage similar behavior in the future)

Contact Our Practice

If you have lost a loved one as a result of nursing home negligence or abuse, lawyers at Chanfrau & Chanfrau in the Daytona Beach-area can work on your behalf to hold liable parties accountable for wrongful death losses. To discuss the details of your case, contact our law firm and request a consultation.

Related to This

Attorneys at Chanfrau & Chanfrau

Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

  • America's Top 100 Attorneys
  • The National Trial Attorneys Top 100 List
  • Florida Trend's Florida Legal Elite

For more information about our legal services, contact our firm online or call (386) 258-7313 today.

Contact Our Practice

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 701 N Peninsula Dr  Daytona Beach, FL

Daytona Beach Office

701 N Peninsula Dr
Daytona Beach, FL 32118

Open Today 24 hours

Open 24 hours

Google map image of our location in 145 Airport Rd Ste A Palm Coast, FL

Palm Coast Office

145 Airport Rd
Ste A
Palm Coast, FL 32164

Open Today 24 hours

Open 24 hours

Google map image of our location in 100 E New York Ave Ste # 103-R DeLand, FL

DeLand Office

100 E New York Ave
Ste # 103-R
DeLand, FL 32724

Open Today 24 hours

Tell us a bit about yourself...

(386) 258-7313 Send a message