Nursing Home Negligence - Wrongful Death Claims Attorney

Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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If you recently lost a loved one in Florida due to nursing home neglect or abuse you deserve justice for your loved one. While nothing can bring them back, at Freedland Harwin Valori Gander, PL, we can investigate and find out what happened. If we find that negligence was involved your loved one’s passing, we can help you file a wrongful death claim in Florida.

Nursing home facilities have legal responsibilities to their residents. They must safeguard their residents from preventable injuries and wrongful death. This means responding appropriately to provide for residents’ physical, emotional, and psychosocial well-being. Failing to provide emergency medical care, failing to listen to symptoms, misdiagnosing conditions, failing to treat injured or ill residents, over- or under-medicating residents, failing to prevent wandering and elopement, neglect, and abuse are all possible acts of negligence that could result in the wrongful death of an elderly person.

3 Florida Wrongful Death Laws to Know

Here are three of the most important Florida wrongful death laws to know if you plan to bring a lawsuit against a nursing home:

  • What qualifies as wrongful death? The Florida Wrongful Death Act defines “wrongful death” as the death of one person that stems from the “wrongful act, negligence, default, or breach of contract or warranty” of another. A wrongful death claim can arise in an event that would have entitled the victim to bring a personal injury claim had he or she survived.
  • Who can file? In Florida, depending on the circumstances, family members such as the spouse, children, parents, brothers, and sisters can bring an action for their loss. The personal representative of the decedent’s estate may also bring a wrongful death claim.
  • How long does the plaintiff have to file? Within two years of the date of death. There are a few exceptions to this rule, however, so talk to an attorney before you assume you’ve missed the deadline.

It is important to hire a lawyer for assistance, to make sure the person filing doesn’t make any costly or time-consuming mistakes. With help from Freedland Harwin Valori Gander, PL, you can rest assured your claim gets in front of the right people at the right time for the best odds of securing compensation.

What Damages Are Available for Wrongful Death?

Wrongful death claims can involve many of the same damages (compensation awards) as a personal injury claim, as well as additional money damages for the losses specific to surviving family members. In a successful wrongful death lawsuit, spouses, children, parents, and siblings may be eligible to receive payment for the following:

  • Mental anguish of having to lose a beloved elderly family member
  • The value of the support and services the deceased person provided to the family
  • Loss of consortium – the loss of the loved one’s love, companionship, and guidance
  • Funeral and burial expenses
  • Related medical expenses the family had to pay prior to the person’s death

A family could receive these damages, while the deceased person’s estate could receive awards for the losses the individual suffered prior to his or her death. These can include pain and suffering, medical bills, property damage, lost wages, and funeral costs the estate paid. To find out what your wrongful death claim might be worth after the unexpected or preventable passing of an elderly loved one, contact Freedland Harwin Valori Gander, PL for a free consultation.

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