When faced with the responsibility of providing care to an elderly loved one, there may come a time when it becomes too challenging and you are unable to give them the help they need. This can lead to the difficult decision of placing them in a nursing home or another healthcare facility. In the unfortunate event that you have been informed your loved one has passed away while under the care of the nursing home, the news can be devastating, particularly if their death could have been prevented. If you suspect your loved one died as a result of nursing home negligence, you could be entitled to compensation. Please continue reading to learn who is eligible to pursue a wrongful death case in New Jersey and why connecting with our competent Essex County Wrongful Death Attorneys is in your best interest.
What Are the Common Causes of Wrongful Death in New Jersey Nursing Home?
Although some elders pass away from natural causes while in the care of a nursing home, there are instances in which the staff may abuse or neglect those in their care. Typically, the following behaviors can result in premature death:
- Physical or sexual abuse
- Dehydration and malnutrition
- Unsanitary conditions
- Untreated bedsores
- Mediation errors
- Nursing home infections
- Wandering and elopment
- Understaffing
- Restraint injuries
Who is Eligible to File a Wrongful Death Claim?
While nothing will be able to make this time less painful, pursuing a wrongful death claim can help reduce some of the financial burdens associated with the unexpected passing of an elderly loved one. However, it’s important to understand that only certain family members are permitted to file a wrongful death claim on behalf of the deceased. Wrongful death laws vary from state to state. In some cases, only the personal representative of the deceased party’s estate can file a wrongful death claim. In New Jersey, only certain family members who were financially dependent on the lost loved one are allowed to pursue wrongful death lawsuits. This generally includes spouses, children, parents, siblings, grandchildren, and even nieces and nephews who may have relied on the deceased for financial support. If multiple parties are eligible to recover damages, the court will determine how much each party will receive based on various factors, including:
- The age of the dependents
- The physical and mental condition of the dependents
- The availability of current and future means of financial support for dependents
- The need for education
- Any other relevant factors
If your elderly loved one tragically passed away while in the care of a nursing home, please don’t hesitate to contact an experienced attorney from the Law Offices of Christopher T. Howell, Esq., who can help you recover compensation that can offset the costs of medical expenses, funeral costs, and lost wages. Connect with us today to discuss your legal options.
