Take Action Against Nursing Home Neglect!
Wrongful death cases are the fourth leading cause of death in the country, with an estimated 200,955 people falling victim to such cases. Unfortunately, these incidents often impact the elderly.
For this reason, you should speak to a reliable New Jersey wrongful death lawyer if you feel a family member or loved one endured nursing home neglect. Leaving patients in bed for hours at a time, not treating their injuries, and not feeding them enough are examples of nursing home mistreatment.
Despite the emotional distress, there is a way to bring justice to a victim’s death: to file a New Jersey wrongful death claim on behalf of a deceased person. Read on to learn how an experienced lawyer can help you recover damages, whether of financial or emotional nature.
History of Wrongful Death Cases in New Jersey Nursing Homes
There’s no evidence to show New Jersey nursing homes struggle with more wrongful death claims than those in other areas. However, there has been a rise in wrongful death cases in the state lately.
For instance, surviving family members are said to have hired New Jersey wrongful death lawyers to file lawsuits against Andover Subacute Rehabilitation Center. According to the representatives of the deceased, the facility showed lax infection control and safety measures. The state is currently investigating the case.
Another nursing home facing at least one unlawful death claim in New Jersey is Veterans Memorial Home in Menlo Park. The surviving family members and their representatives claim the staff did not wear masks or gloves at the height of the COVID-19 pandemic.
How Can We Take Action?
Under the Wrongful Death and Survival Acts in New Jersey, the law allows for money damages to be paid to the heirs of the Estate as a result of their loved one’s death. The Survival Act allows the Estate to recover the conscious pain and suffering of the deceased person as a result of another’s negligence or wrongful act. The Wrongful Death Act allows the heirs to recover their economic losses due to the death and defines a wrongful death suit as being caused by another person’s negligence, default, or wrongful act. Both Acts are generally referred to as a “wrongful death claim” and filing the claim is similar to filing a personal injury claim, except that a representative of the deceased person must bring the lawsuit. For this reason, the following individuals can hire legal representation in such cases:
- A surviving spouse
- Surviving parents
- Surviving siblings
- Anyone who can prove dependence on the deceased
According to the New Jersey statute of limitations, the survival claim must generally be filed within two years of the date of injury and the wrongful death lawsuit within two years of the alleged victim’s death. There are times when the injury and death occur on different dates so you must hire an experienced wrongful death lawyer to have these laws explained to you in detail. You can also file a wrongful death case in civil court even if there is a related criminal case.
You can include the following in a wrongful death and survival case:
- Pain and suffering of the deceased person
- Medical, funeral, and burial expenses
- Lost wages of the deceased
- Any financial losses to the surviving heirs from lack of support
A New Jersey lawyer can help you recover compensation, including financial settlements and emotional damages.
Contact Rosetti, DeVoto, Medori & Baxter, PC
Are you looking for experienced wrongful death New Jersey lawyers? Having a compassionate, fair, and understanding team behind you can help you get the financial compensation you deserve.
At Rosetti, Devoto, Medori & Baxter, we can help you determine whether a nursing home’s negligent infliction should cover medical bills, reasonable funeral expenses, or punitive damages. Our attorney’s legal skills have delivered over $1 billion in verdicts and settlements for our clients.
Call 856-475-8424 now for a free case evaluation. We can help you file a New Jersey wrongful death lawsuit for your loved one’s death.