Wrongful death nursing home lawsuits in South Carolina provide justice and accountability.
When a nursing home death is the result of negligence or abuse, there may be grounds for a claim. Survivors may receive financial compensation for the devastating loss that their family has suffered.
If you have lost a loved one in a nursing home, a wrongful death claim can give you answers. It can hold those responsible accountable and require them to pay compensation. The executor or administrator of the deceased person’s estate may file the claim for the benefit of surviving family members.
Can a Nursing Home be Sued for Wrongful Death?
A nursing home can be sued for wrongful death in South Carolina. Just like an individual can be held responsible for their actions, a nursing home can be held legally responsible when a preventable death occurs. A claim can be based on the actions of a single person, or it may be institutionalized policies that allow a death to occur.
A wrongful death lawsuit against a nursing home is based on negligence or reckless behavior.
Negligence is a lack of reasonable care. People in a nursing home have extraordinary needs.
They typically reside in the home because of medical needs, mobility limitations or advanced age. When the nursing home fails to provide care up to reasonable standards, the nursing home may be sued for wrongful death.
Do I have a claim for wrongful death for a loved one in a nursing home?
The legal standard for a wrongful death claim is whether the person would have had a valid personal injury claim if they had survived their injuries. If you are a qualified family member, and your loved one died in a nursing home because of negligence or other misconduct, you may have a claim for wrongful death.
Examples of Fatal Accidents in Nursing Homes
Here are some causes of fatal accidents in nursing homes:
- Spills on floors, slippery floor surfaces
- Carpet, rugs and flooring that are in poor repair or bunched up
- No hand railings or broken railings
- Elevator doors that malfunction or close too quickly
- Jostling among residents, including if chairs are too close together in common areas
- Falling objects
- Failing to provide mobility support and fall protection
- Errors in lifting a patient and changing positions
- Withholding medication, overmedicating, or giving the wrong medication
- Not tending to the resident’s basic needs for food and hygiene, neglect
- Assault and battery, intentional homicide
- Electrical malfunctions and fires
- Medical malpractice
There may be underlying causes. Lack of staffing or inadequate financial resources devoted to a facility may result in a dangerous condition that causes harm.
Too often, the nursing home doesn’t provide information or answers. However, when you file a lawsuit, the defense must answer discovery and respond to the allegations.
Attorneys for Wrongful Death Nursing Home Lawsuits in South Carolina
At Rikard & Protopapas, we are South Carolina lawyers for fatal nursing home abuse and neglect cases. If you have lost a loved one, and you think the nursing home may be responsible, we invite you to contact us at 803-978-6111.
Our lawyers can:
- Investigate what happened
- Demand answers from the nursing home
- Interview witnesses
- File legal paperwork, build the case
- Negotiate a fair result for the case, take your case to court
- Advocate for justice for your loved one
- Take care of all aspects of the case
We believe that our work is a crucial part of the healing process for those we represent. We are sorry that you have lost a loved one. Our experienced legal team wants justice for your loved one and your family.
To see how we can help you, contact us. Learn more about wrongful death nursing home lawsuits in South Carolina and start your case.
Process of filing for wrongful death
Getting compensation for wrongful death typically requires filing a legal claim against a nursing home. The process includes:
- Investigating: We determine what happened and the legal basis for compensation.
- Filing the claim: The executor files the claim on behalf of beneficiaries. A claim includes a summons and a complaint. These legal documents summarize the case, the basis for compensation and the relief requested.
- The response: The defense responds to the claim. They may admit or deny the allegations. They may admit liability but contest damages.
- Building the case: Much of the success in a case is through work that is done before trial. We formally build evidence and your case strategy.
- Pretrial proceedings: Each party may file preliminary motions regarding issues in the case. The court may issue orders and conduct status conference hearings.
- Negotiations: Usually, the process of filing for wrongful death involves settlement negotiations. The duly appointed personal representative has the authority to settle a wrongful death claim.
- Trial: At trial, each party presents evidence and makes arguments. Trials follow court rules and evidentiary rules.
- Post-judgment proceedings: The beneficiaries collect the judgment.
This is a general outline of the process for filing for wrongful death. Each claim unfolds differently. Nursing homes are corporations, and they generally attempt to deny responsibility to avoid paying compensation. However, we aggressively build each case, demand complete records and formulate a plan for every client. With a personalized approach to each case, we honor your loved one by pursuing results.
What can you claim for a wrongful death nursing home lawsuit?
Damages payable in a wrongful death nursing home lawsuit are damages resulting to the parties because of the loss of their loved one. Compensation may include medical bills, funeral expenses, mental suffering, lost personal support and punitive damages.
These losses are divided among recipients as though the deceased had died intestate. (S.C. Code § 15-51-40). For claims based on medical malpractice, there may be a non-economic damages limit.
Talk to a Nursing Home Abuse and Neglect Lawyer
If you have lost a loved one in a nursing home, we invite you to talk to Rikard & Protopapas about filing a wrongful death nursing home lawsuit in South Carolina. Call 803-978-6111 or message us to talk to a lawyer.