What Is a Nursing Home Wrongful Death?
Nursing homes are supposed to be safe places for our elderly family members. However, wrongful deaths occur more often than many realize, often due to staff negligence or misconduct. An Oklahoma City nursing home wrongful death lawyer can help families seek justice in these heartbreaking situations. Studies show that about 10% of people over 65 experience some form of abuse, with even higher rates in long-term care facilities.
Nursing home wrongful death refers to the untimely passing of a resident due to negligence, abuse, or malpractice within a facility.
Common causes of wrongful death in nursing homes include:
- Medication errors
- Inadequate supervision
- Failure to prevent falls
- Infections
- Malnutrition or dehydration
- Physical or emotional abuse
Each of these causes stems from negligence, and when they lead to the death of a resident, the responsible parties may be held liable.
How to Prove You Have a Wrongful Death Case in OKC?
These elements help establish that the nursing home or its staff was responsible for your loved one’s death due to negligence or misconduct. The four primary elements include:
Duty of Care
Nursing homes are required by law to provide a certain standard of care to their residents, ensuring that their basic needs are met and that they are protected from harm. This duty includes:
- Providing medical care
- Ensuring safety
- Offering proper nutrition and supervision
In wrongful death cases, it must be shown that the nursing home was responsible for the well-being of the resident, whether through direct medical care or general daily oversight.
Breach of Duty
A breach of duty occurs when the facility or its staff acts in a way that is negligent or fails to provide the necessary level of care. To prove a breach of duty, you need evidence showing that the nursing home did not follow proper procedures or failed to provide the level of care expected of them under the law.
Causation
It’s not enough to demonstrate that the nursing home acted negligently; you must also connect their actions or inactions to the fatal outcome.
For example, if the nursing home failed to properly monitor your loved one’s health, and as a result, they developed an untreated infection that led to death, causation would be established. Medical records, expert testimony, and witness statements can help prove that the negligence of the nursing home directly resulted in the wrongful death.
Damages
Finally, you must prove that the wrongful death resulted in damages—both financial and emotional—that warrant compensation. Without demonstrating these losses, a wrongful death claim will not succeed, even if negligence is proven.
Who Can File A Wrongful Death Claim in Oklahoma City?
In Oklahoma, the personal representative of the deceased’s estate, or a close family member such as a spouse, parent, or child, can file a wrongful death lawsuit. The goal of this lawsuit is to hold the nursing home or its staff accountable for the death and seek financial compensation for the family.
Damages You Can Recover
When a loved one passes away because of neglect or abuse in a nursing home, families have the right to seek compensation through a wrongful death lawsuit. These lawsuits can help cover both the financial and emotional hardships caused by the loss.
Economic Damages
Economic damages are meant to cover the quantifiable financial losses resulting from the wrongful death. These damages are based on actual costs and can include:
- Medical expenses: Any medical bills incurred leading up to the death, such as hospitalization, surgeries, or medication costs.
- Funeral and burial costs: The costs of funeral services can place an immediate financial burden on the family.
- Loss of financial support: If the deceased contributed to the family’s income, compensation may be awarded for the loss of future earnings or benefits. This include pensions or health insurance.
- Loss of services: This can include the value of household services the deceased may have provided. This could be caregiving, cooking, or child-rearing.
Non-Economic Damages
Non-economic damages compensate for the emotional and psychological impact of losing a loved one. While harder to quantify, these damages reflect the profound loss experienced by family members and can include:
- Pain and suffering: Compensation for the physical pain and emotional distress the deceased may have experienced before passing.
- Loss of companionship: The emotional impact of losing a close relationship with the deceased.
- Loss of consortium: This refers to the loss of affection, comfort, and intimate relations that result from the death.
Punitive Damages
In cases where the nursing home’s actions were particularly reckless or malicious, punitive damages may be awarded. Unlike economic and non-economic damages, punitive damages are designed to punish the wrongdoer and deter similar misconduct in the future.
Punitive damages are typically reserved for cases involving extreme negligence or intentional harm. This includes deliberate abuse or a pattern of severe neglect by the nursing home staff.
How Our Oklahoma City Wrongful Death Attorney Can Help
Trying to handle a wrongful death claim on your own can be stressful. Our experienced wrongful death attorney in Oklahoma City is here to help you every step of the way and fight for the justice your family deserves.
Here’s how we can support you:
- Investigating the case: We’ll thoroughly look into what happened, gather all the evidence, check medical records, and spot any signs of neglect or abuse that caused your loved one’s death.
- Proving liability: Our team will work to establish that the nursing home or staff members failed to provide proper care, leading to your loved one’s death. This includes proving the elements of duty, breach of duty, causation, and damages.
- Working with experts: We’ll team up with medical experts and other professionals to strengthen your case. We will use their testimony to show how serious the negligence was.
- Handling insurance companies: Dealing with insurance companies can be difficult. But, we’ll handle all communication to make sure you’re not pressured into accepting a low settlement.
- Filing the lawsuit: If a fair settlement isn’t reached, we’ll file a wrongful death lawsuit on your behalf and represent you in court. We are eager to fight for the compensation you deserve.
- Seeking maximum compensation: We’ll pursue all types of damages to cover your economic and non-economic damages.
- Providing compassionate support: We’re here for you throughout the entire process. We will guide you, answer your questions, and give you the support you need during this challenging time.
What Our Clients Have to Say
Incredibly supportive and informative!
“Mr. Steele was very informative and helpful with my case. I lost my mother in a wrongful death situation and he helped with giving myself and my family closure. thank you Jonathan Steele.”
Outstanding experience throughout!
“Great experience! They took the time to walk me through the process and understand where I stood from a legal aspect. They kept in touch with me and gave me updates as the case progressed. Jonathan is the most knowledgeable, courteous, and educated attorney I have used. Both times he has represented me, I have been very pleased with the outcome.”
Dependable and highly recommended!
“Steele Law Firm did everything they said they were going to. Our family threw some curve balls but the Steele team handled them great. We would highly recommend Jonathan & his firm.”
Steps to Take if You Suspect a Wrongful Death in a Nursing Home
If you believe your loved one’s death in a nursing home was due to neglect or abuse, it’s important to act quickly. Taking the right steps early on can make a big difference in building a strong case. Here are some things you should do:
Stay Off Social Media
Avoid posting anything about the situation online. Even innocent posts can be used against you by the insurance company or nursing home in an effort to weaken your case.
Don’t Accept the First Offer From The Insurance Company
The insurance company may offer a settlement quickly, but it’s often much lower than what you deserve. Take your time to evaluate the situation and don’t rush into accepting anything without legal advice.
Gather Evidence
Start collecting any available evidence as soon as possible. This includes medical records, incident reports, witness statements, photographs of injuries, and any documentation showing signs of neglect or abuse. This will be vital in building a strong wrongful death claim.
Request An Autopsy
If you think a loved one may have died because of neglect or abuse, an autopsy can help find out if that was the case. It can show whether something like neglect or medical mistakes led to their passing.
Consult with Other Family Members
Gather information from other family members who may have noticed signs of neglect or mistreatment. They can provide helpful details to support your claim.
File a Formal Complaint
You can file a complaint with local or state regulatory agencies, such as the Oklahoma State Department of Health. This may prompt an investigation and help support your case.
Get in Touch with An Oklahoma City Nursing Home Wrongful Death Lawyer
Contact an experienced wrongful death attorney as soon as possible. They’ll guide you through the legal process, help you understand your rights, and fight for the compensation your family deserves.
Taking these steps can protect your case and ensure that those responsible are held accountable for their negligence.
If you believe your loved one may have suffered due to nursing home neglect or abuse, don’t wait—contact our experienced Oklahoma City wrongful death attorneys today for a free consultation. We’re here to help you every step of the way.
Deadlines
In Oklahoma, you have two years from the date your loved one passed away to file a lawsuit. This means you have a limited time to take action and seek compensation for your loss.
Don’t delay! If you miss this deadline, you could lose your chance to file a claim. Nursing home negligence cases can be complicated. Collecting evidence, speaking to witnesses, and putting together a strong case can take time. That’s why it’s so important to get in touch with a lawyer as soon as you can.
An experienced wrongful death attorney can help you understand the legal process. They make sure all the necessary paperwork is filed on time and protect your rights. Don’t wait until it’s too late—contact a knowledgeable attorney today to talk about your situation and get the help you need.
What Should I Expect to Pay?
We work on a contingency fee basis for wrongful death cases, which means you won’t pay any upfront fees. Instead, we take a percentage of your settlement if we win your case, typically ranging from 25% to 40%.
While you won’t owe us anything unless you win, it’s important to keep in mind that there may be additional costs. This could include court fees and medical record expenses. We usually cover these costs upfront and deduct them from your settlement.
We’ll make sure you understand how our fees work and any potential costs before you move forward. You can focus on your case and healing without added financial stress.
Talk to an Oklahoma City Wrongful Death Lawyer Today!
If you’ve lost a loved one because of wrongful death, it can feel overwhelming. You don’t have to go through this by yourself. Our friendly and experienced team is here to support you during this tough time and help you seek the justice you deserve.
Give us a call, send us a message, or simply fill out our contact form to discuss what you’re facing and explore your options. We’re here for you.
