Facing the death of a loved one is never easy. Dealing with the grief and sadness that come with loss is very difficult. On top of that, one must adjust to the physical and emotional changes that come with losing someone dear.
This is made worse if the death was the fault of another’s negligence.
If a family member or loved one suffered a wrongful death due to personal negligence in a nursing home, you may be able to file a wrongful death lawsuit.
Let me tell you that you are not alone. The wrongful death attorney at Phoenix Accident and Injury Law Firm can handle your case. Family members of the victim can come to our offices in Chandler, Peoria, and North Phoenix; in case you need a lawyer for wrongful death claims in a nursing home. You can also contact us online to schedule a free appointment and discuss your case.
What Is a Wrongful Death in a Nursing Home?
The first thing you need to know is the concept of wrongful death to determine the parameters of the lawsuit you can file at that time.
Under the law, a wrongful death is a civil action that takes place when a person or entity, such as a nursing home, causes harm or injury to the victim to the point that it is the cause of his or her death. Such death can be caused by negligence, malpractice, or intentional misconduct toward the victim by the entity or person.
For nursing home wrongful death cases, these occur due to the abuse or lack of care by nursing homes. This can be especially painful for surviving family members since they left their loved one in the care of a nursing home, knowing that they could be alive if they had obtained better care.
In these cases, under wrongful death law, you can file a lawsuit, with the help of a wrongful death attorney, to hold the guilty party accountable, obtain monetary compensation to cover your medical and funeral expenses, and perhaps gain comfort in knowing that justice was served on behalf of your loved one.
Understanding a Wrongful Death Suit
The first thing to know about wrongful death is that it is a civil action, not a criminal one. This means that the plaintiff will have to pay monetary compensation for his or her wrongs from the defendant if the lawsuit is successful.
There are cases of criminal lawsuits where the guilty parties go free, without any punishment, and the survivors obtain justice thanks to a wrongful death lawsuit, with the help of a lawyer for wrongful death.
Another important detail is that a wrongful death lawsuit can only be filed by the victim’s family. A judge will be in charge of establishing a sentence according to the statutes of the wrongful death law of the state of Arizona.
Who Can File a Wrongful Death Claim in Arizona?
Under Arizona wrongful death law, statutes 12-611–12-613, people who can file a wrongful death lawsuit include:
- The deceased's surviving spouse
- The deceased's surviving children
- The deceased's parents or legal guardians
If the victim has no relatives, a personal representative of the deceased’s estate, usually a wrongful death attorney, can file a wrongful death lawsuit on behalf of the deceased’s estate.
Are There Limitations on Who Can File a Wrongful Death Suit?
Yes, not all relations can file a wrongful death suit. Arizona Laws prevent the following relatives from making a wrongful death claim:
- Siblings (sisters and brothers)
- Non-married spouses
- Other more distant relatives, such as cousins and uncles, unless they are legal representatives of the survivors
When Is a Wrongful Death Case Appropriate?
This is set out in Arizona wrongful death law under statute 12-611. The statute states:
How Do Personal Injury Claims and Wrongful Death Claims Differ?
A personal injury claim is an action that an individual would have taken if they had survived their injuries and where it’s possible to attribute their injuries to the negligent actions of another party.
In a wrongful death case, the victim dies and it is the next of kin who file the claim against the responsible parties.
In both cases, as personal injury accidents can often cause wrongful death, you can find a lawyer for wrongful death at law firms such as Phoenix Accident and Injury Law Firm, which specializes in personal injury cases.
How Do I Prove a Wrongful Death?
In a wrongful death claim, the wrongful death attorney must prove that five elements or conditions were met, resulting in the victim’s demise.
Does Every Wrongful Death Case Go to Trial?
When you file a lawsuit, there is always the chance to go to trial, but in many cases, this does not happen. There is always a period of mediation and arbitration in which both parties can reach an agreement that satisfies both.
While a mediator ensures that both parties reach a consensus, an arbitrator seeks to resolve the case outside of court. In both cases, you have the benefit of being able to negotiate compensation without having to go through the stress of a trial and it is obtained more quickly.
However, if you do not reach an agreement, you will have to go to trial where a judge will dictate a sentence that you must abide by, whether you like it or not.
Whether it is arbitration, mediation, or trial, the wrongful death attorneys at Phoenix Accident and Injury Law Firm will be by your side protecting your interests.
If the original person who filed the claim passes away, or the wrongful death victim had no relatives, an estate representative can take over the claim. They call this a survival action. This action would be brought by the executor of the estate, rather than surviving family members, If the case is successful, a judge or jury will award damages to the deceased estate.
There is a legal time limit for making a claim called the Statute of Limitations. In Arizona, they set this at two years from the date of death.
However, it is advisable to start the lawsuit as soon as possible. This will allow the attorney to gather evidence, speak to witnesses, and build a stronger case. It is important to mention that it is difficult to recover from a tragedy of this type. But it is also worth mentioning that as time passes. It becomes more difficult to gather evidence and the testimonies become less reliable.
What Losses Can a Wrongful Death Claim Compensate For?
In a successful case, damages cover costs such as:
- Funeral expenses
- Financial losses
- Loss of companionship and guidance
- Emotional distress
The law classes these losses as economic or non-economic.
- Non-economic: These damages are the emotional distress, loss of consortium, and other non-financial elements.
- Economic: these losses compensate the family for any financial losses, like income, pensions, etc.
In some cases, a judge/jury may also apply punitive or exemplary damages. The Legal Dictionary defines punitive damages as: Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. Under standards for punitive damages set out in Arizona statute, the plaintiff would need to show that the defendant acted willfully and out of malice. Because of this, many cases of wrongful death do not qualify for damages, and it’s rare for a judge to award them as the bar is so high.
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Recent Nursing Home Wrongful Death Case Outcomes
The settlement of wrongful death cases in the US can vary depending on the circumstances. However, according to figures managed by the National Practitioner Data Bank (NPDB) of the US Department of Health and Human Services, between 2014 and 2023, the average settlement obtained was $356,029.
Below are wrongful death cases along with their settlement amounts:
- An 85-year-old woman who was injured in a nursing home due to medication mismanagement ended with a $4.1 million jury verdict.
- Relatives of a 74-year-old nursing home resident received a $1.3 million settlement who died as a result of a beating she received when the nursing home placed a younger resident with violent tendencies in her room.
- An 84-year-old nursing home resident in Los Angeles died after being given medication she was allergic to. Relatives received a $5.5 million settlement.
What Level of Damages Will a Judge Award?
- Medical expenses.
- Funeral and burial costs.
- Lost wages and benefits.
- Loss of financial support.
- Pain and suffering.
- Loss of companionship and consortium.
- Loss of care and nurturing.
Factors that influence damages:
- Age and Health of the Deceased:
Younger individuals with longer life expectancies may result in higher damages. - Income and Earning Potential:
Higher earners may result in larger awards for lost wages and financial support. - Relationship to the Survivors:
The closeness of the relationship between the deceased and the survivors can impact non-economic damages. - Circumstances of the Death:
The nature of the wrongful act and the suffering endured by the deceased can also influence the award.
This varies depending on the case, but generally, it is a lengthy process. On average, a typical case can last up to 18 months. However, some cases can take time, sometimes lasting years.
The wrongful death attorneys at Phoenix Accident and Injury Law firm have the experience necessary to take your case and get you the best compensation in the shortest time possible while you deal with your loss.
No, under Arizona’s Wrongful Death Act, plaintiffs do not have to pay for the deceased debts or liabilities out of their damages.
Personal injury attorneys and wrongful death attorneys usually have a policy called contingency fee. This means that the costs of the lawsuit will be a fraction of the compensation received by the plaintiff.
This has the advantage of giving easy access to justice to people who were wronged, motivation for your wrongful death attorney to get you the best compensation possible, and no upfront or other payments of any kind unless the case is won.
Contact an experienced wrongful death attorney. They will evaluate your case and your chances of success. They can then explain your legal options.
If you proceed with a wrongful death lawsuit, the attorney will gather the evidence you need to build a case against the defendant and make sure you receive the compensation you deserve for your wrongdoing.
Speak to a Lawyer
A wrongful death claim can be a complex process. Navigating a civil lawsuit while coping with the loss of a loved one makes this journey especially challenging. This is why it is crucial to have a professional who can effectively assemble your case and develop a suitable strategy. Along with their expertise, they must demonstrate empathy to assist you in the most supportive manner possible.
At Phoenix Accident and Injury Law Firm, we have over 15 years of experience, and we have the best wrongful death attorneys who will help you deal with your difficult situation, giving you peace of mind and tranquility.
Contact our office to schedule
a free initial consultation over the phone!
If you have lost a loved one due to the negligence of others in a nursing home,
contact Phoenix Accident and Injury Law Firm to speak with a compassionate and professional attorney.
We provide personal injury legal services to clients in your area, including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.
