Losing a family member as a result of someone else’s negligence can be crushing. If you lost a relative due to neglect or abuse in a nursing home, a Johns Creek nursing home abuse lawyer can help you seek damages.
Schenk Nursing Home Abuse Law has recovered millions of dollars for our clients. If you lost a loved one due to a lack of proper care in a long-term care facility, a nursing home wrongful death lawyer in Johns Creek can help you take legal action and hold those at fault accountable.
How a Johns Creek Nursing Home Wrongful Death Lawyer Can Help
Wrongful death cases require an in-depth investigation, especially when nursing homes are involved.
A Johns Creek nursing home wrongful death lawyer can assist with your case by:
- Investigating the death: A lawyer can gather medical records, nursing home records, photographs, witness statements, and other evidence to establish the cause of your loved one’s death.
- Identifying negligence: An attorney can determine whether the facility, employees, medical providers, or another party failed to provide an appropriate level of care.
- Calculating your family’s damages: A lawyer can evaluate the financial and personal losses associated with your loved one’s death and determine the value of your claim.
- Handling insurance companies: An attorney can communicate with insurers and nursing home representatives on your family’s behalf and work to negotiate a fair settlement.
- Pursuing a lawsuit: If a settlement cannot be reached, a lawyer can prepare your case for litigation and present evidence supporting your family’s claim.
For a free legal consultation with a nursing home wrongful death lawyer serving Johns Creek, call
What Types of Damages Are Available?
While the exact damages available to you and your family will depend on the specifics of your case, you may be able to pursue compensation for:
- Medical expenses: You can recover reasonable expenses related to the treatment your loved one received for their final illness or injury.
- Pain and suffering: You can recover compensation for any physical pain or mental anguish your loved one experienced between the time of injury and death.
- Funeral and burial costs: You can recoup the cost of laying your loved one to rest.
- Loss of companionship: You can pursue damages associated with the loss of your loved one’s companionship.
- Loss of care and support: You can seek compensation for the loss of services, support, guidance, and other contributions your loved one provided to your family.
- Punitive damages: In cases involving particularly egregious conduct from the at-fault party, punitive damages may be available to you.
Johns Creek Nursing Home Wrongful Death Lawyer Near Me (678) 823-7678
What Is the Statute of Limitations for a Nursing Home Wrongful Death Claim in Georgia?
In Georgia, the statute of limitations for a nursing home wrongful death claim is generally two years from the date of your loved one’s death. If you do not file a lawsuit within this period, the court will likely dismiss your case and permanently bar you from seeking compensation.
That said, an exception may apply if your case involves:
- Government–run facilities: If the nursing home is owned by a city, county, or state government, you typically have to file a formal written notice of your claim before you can sue.
- Pending criminal cases: If a criminal investigation or prosecution is tied to the death, the civil statute of limitations may be paused (tolled) while the criminal proceedings happen.
- Medical malpractice: If your claim involves medical negligence by healthcare providers inside the facility, Georgia enforces a strict five-year statute of repose from the date of the negligent act, regardless of when the death occurred.
Who Can File a Wrongful Death Claim in Georgia?
When it comes to wrongful death claims, Georgia law enforces the following order of priority:
- Surviving spouse: The spouse has the first right to pursue a wrongful death claim. If the deceased had children, the spouse generally represents their interests as well.
- Surviving children: If there is no surviving spouse, the deceased person’s children may bring the wrongful death claim. This can include biological and legally adopted children.
- Parents: If the deceased person was unmarried and had no children, the parents have the right to pursue a wrongful death claim under Georgia law.
- Personal representative of the estate: If there are no eligible surviving relatives who can pursue the wrongful death claim, the personal representative of the deceased person’s estate may be able to bring a claim.
A nursing home wrongful death attorney in Johns Creek can assess your situation and explain whether you have the right to file a claim.
How Long Does a Nursing Home Wrongful Death Lawsuit Take?
Every nursing home wrongful death case is unique. Some nursing home abuse cases settle out of court, while others proceed through extensive litigation.
It can take anywhere from a few months to multiple years to resolve a claim, based on factors such as the number of defendants, the strength of your evidence, and whether a trial becomes necessary.
Our lawyers can handle settlement negotiations on your behalf and help you avoid unnecessary delays with your case.
Common Causes of Wrongful Death in Nursing Homes
Nursing home residents are particularly vulnerable to injuries and medical complications. Common causes of wrongful death in nursing homes include:
- Falls: Unsupervised residents or inadequate fall-prevention measures can result in serious head injuries, fractures, and other fatal injuries.
- Medication errors: Giving the wrong medication, incorrect dosage, or medications at inappropriate times can cause severe reactions or dangerous interactions.
- Bedsores: Untreated pressure ulcers can become infected and develop into serious medical conditions.
- Dehydration and malnutrition: Failing to provide adequate food or fluids can cause weakness, organ problems, infections, and other complications.
- Infections: Nursing homes must take reasonable precautions to identify and treat infections before they become severe.
- Choking incidents: Residents with swallowing difficulties require dietary restrictions and supervision during meals.
- Wandering and elopement: Residents with cognitive impairments may be at risk of leaving the facility and suffering serious injury or exposure to dangerous conditions.
- Delayed medical treatment: Failing to recognize or report symptoms can allow a resident’s condition to deteriorate.
- Physical or emotional abuse: Intentional mistreatment by employees or other individuals can cause serious injuries and, in some cases, death.
- Inadequate staffing: Insufficient staffing can contribute to missed medications, poor supervision, delayed care, and other forms of neglect.
Steps to Take if You Suspect Nursing Home Abuse in Johns Creek
If you believe abuse or neglect may have contributed to your loved one’s death, it’s crucial to:
- File a report: File a formal complaint with the Georgia Department of Community Health.
- Request relevant records: Ask for copies of medical records, care plans, medication records, incident reports, and other documentation concerning your loved one’s care.
- Document your concerns: Write down what you observed, including changes in your loved one’s condition, conversations with staff, injuries, and concerns you previously reported.
- Save photographs and messages: Keep photographs, emails, text messages, letters, and any other communications that could help establish what occurred.
- Identify witnesses: Make a record of employees, medical providers, family members, or other people who may have information about your loved one’s care.
- Avoid signing a settlement right away: A nursing home or insurer may offer you compensation immediately after your loved one’s death. Don’t sign a release until you talk to a lawyer.
- Seek legal advice: Our lawyers can review your case and help determine whether you have grounds for a claim.
Speak to a Nursing Home Wrongful Death Attorney in Johns Creek
If you lost a family member because of a lack of proper care in a nursing home, you have the right to take legal action. A Johns Creek nursing home wrongful death attorney from Schenk Firm can assist with your claim, negotiate with the insurance company, and fight for the compensation your family deserves.
Schedule a free case review to get started with your claim.