If your loved one died after experiencing substandard care at a nursing home, you may bring a wrongful death lawsuit against the nursing home. A wrongful death lawsuit may allow you to recover damages, including medical and funeral expenses and your loss of companionship or consortium. Furthermore, a wrongful death action can hold the facility answerable for your loved one’s death.
A wrongful death lawyer from the Fitch Law Firm LLC can provide strong legal advocacy for you and your loved one who lived in a Dayton-area nursing home. Our team can build a strong case against the negligent nursing home and fight for financial restitution.
How Can a Wrongful Death Lawsuit Benefit Me?
Per the Ohio Revised Code (ORC) §2125, wrongful death is a death caused by the careless, reckless, or wrongful actions or inaction of another party. A wrongful death lawsuit can allow you to recover compensation for damages. It is also a way of holding a negligent nursing home answerable for your loved one’s untimely death.
A wrongful death action may:
- Recover compensation for medical bills, funeral costs, and non-financial damages
- Give you a sense of closure
- Get justice for your loved one through the civil system
- Hold the nursing home responsible for your loss
- Deter subsequent instances of neglect or abuse in the nursing home
For a free legal consultation with a Dayton nursing home wrongful death lawyer, call: (614) 545-3930Call Now »
Damages You Can Seek in a Nursing Home Wrongful Death Case
The damages available in wrongful death lawsuits vary from case to case. In most nursing home wrongful death actions, the recoverable economic damages may include:
- Lost potential inheritance
- Medical expenses between the fatal injury or illness and the resident’s death
- Funeral and burial costs
Non-financial damages include the losses that you and your loved one suffered that are not monetary in nature. You may be entitled to compensation for non-financial losses, including:
- Loss of the decedent’s guidance, care, companionship, consortium, and support
- Surviving family members’ mental suffering
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Who Can Bring a Wrongful Death Lawsuit in Ohio?
In Ohio, the representative of the decedent’s estate is authorized to file a wrongful death lawsuit. This is usually a close relative. The personal representative may be designated in the deceased person’s will or designated by the court.
Individuals entitled to compensation in a nursing home wrongful death case typically include:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents (if they are still alive)
- Other relatives who can prove they have suffered compensable losses due to the decedent’s death
Nursing Home Residents Have Certain Rights By Law
Nursing home staff have a moral obligation and a legal obligation to provide adequate care and attention to residents. ORC §3721.13 describes the rights that Ohio nursing home residents have by law. It includes the right to:
- Live in a safe and clean environment
- Be free from physical, emotional, or verbal abuse
- Be treated with dignity and respect
- Receive appropriate medical care
- Receive prompt responses to reasonable requests
- Have clean bed linen and clothes
- Receive care from a doctor of their choice
- Participate in decisions about medical treatment
- Be free from unreasonable chemical or physical restraints
- Report complaints
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How a Lawyer Can Help You Build a More Comprehensive Case
If you are grieving the loss of a family member due to nursing home negligence, the thought of bringing a wrongful death case may be overwhelming. Let a wrongful death lawyer from the Fitch Law Firm LLC handle your Dayton nursing home case for you.
Four main things must be established to bring a successful nursing home wrongful death action. Our team of legal professionals can help you find evidence to demonstrate each of these components:
- Duty: The nursing home had a legal duty to provide adequate medical care and assistance with your loved one’s daily living activities.
- Breach: The nursing home failed to fulfill this duty.
- Causation: The nursing home’s breach of duty caused your loved one’s death. This is often the most difficult component to prove in a nursing home wrongful death case because many nursing home residents are already in fragile health.
- Damages: You sustained damages due to your loved one’s death.
Evidence We Can Use
The Fitch Law Firm LLC may utilize the following types of evidence to support your case:
- Medical records
- Prior complaints against the facility
- Statements from witnesses
- Surveillance camera footage
- Nursing home hiring and training procedures
- Testimony from medical experts
We Will Go to Trial for You, if Necessary
Our team can provide the legal advocacy you need to bring a strong case against the nursing home. We can represent you during settlement negotiations and on trial if necessary.
Call the Attorneys at the Fitch Law Firm LLC for a Free, No-obligation Consultation Today
If your loved one died due to substandard nursing home care, you may be able to bring a wrongful death case against the facility to hold the nursing home accountable and to recover financial damages. You also may be entitled to compensation for medical expenses, funeral and burial expenses, loss of consortium or companionship, mental anguish, and more.
The Fitch Law Firm LLC takes cases on a contingency-fee-basis. There is no cost unless we secure a financial reward for you. Call us at (937) 660-4232 for a free consultation today.
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