How Do I File A Wrongful Death Lawsuit Against A Nursing Home In Pennsylvania?


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When an elderly family member dies while in the care of a nursing home and negligence is involved, your family may be able to file a wrongful death lawsuit in Pennsylvania.

Your family was counting on the nursing home for the best care, but unfortunately, abuse and neglect can be common in nursing homes. You can hold that nursing home accountable to the best standards for all families and receive financial compensation for your loss.

While some older adults will pass away while living in a nursing home because of natural causes, when your loved one dies because of an error, the nursing home needs to be held accountable.

What Are Some Of The Causes Of Nursing Home Deaths?

If your loved one passed away while living in a nursing home, it’s vital first to have a record of the cause of death to help prove that it was a wrongful death. In Pennsylvania, wrongful death is defined as “the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”

If your loved one died of any of the following reasons, you might have a case:

  • An employee or administrator abused or injured them
  • An employee or administrator failed to stop resident-on-resident violence
  • An employee or administrator gave the incorrect medication or the wrong dosage
  • An employee or administrator neglected their health care needs

Who Can File A Nursing Home Wrongful Death Lawsuit?

Who can file a wrongful death lawsuit varies from state to state. In Pennsylvania, the deceased person’s parents, spouse, or children may file the suit, regardless if they live in the state of Pennsylvania or not. Unfortunately, grandchildren cannot sue on behalf of their grandparents unless they are the legal representative of the deceased person. Then, they can sue to help cover medical bills, funeral expenses, and pay debts of their deceased grandparent’s estate.

If the wrongful death lawsuit is won, then the awarded money will be split among any living parents, children, or spouse that sued. The award doesn’t belong to the deceased person’s estate, so it does not go through probate and goes directly to the loved ones.

Is There A Statute Of Limitations In Wrongful Death Cases In Pennsylvania?

If your loved one died in a Pennsylvania nursing home because of wrongful death, the deceased person’s parents, spouse or children have two years to file the suit. Since Pennsylvania sets two years as the statute of limitations, you must contact a law firm experienced in wrongful death cases as soon as possible.

How Much Is A Wrongful Death Lawsuit Worth?

The full amount of damages you might win in a wrongful death lawsuit against a nursing home varies from case to case, but the lawyers at Ross Feller and Casey will work to win you the maximum amount.

The damages won can be paid to help with the following:

  • Funeral and burial expenses for your loved one
  • Hospital and medical expenses incurred for your loved one’s care
  • The administration expenses for closing the estate of the deceased
  • If your loved one was expected to make a recovery and return to work, the damage may pay lost wages and benefits, including a reasonable amount they were expected to contribute to their family's support if they had lived
  • Compensation for the loss of household services, society, and comfort provided by the deceased
  • Compensation for the deceased loved ones for pain and suffering

How Do I File A Lawsuit Against A Nursing Home?

If your family is wondering if your loved one’s death can be constituted as wrongful death, reach out to the lawyers at Ross Feller Casey. Our team of expert litigators will evaluate your case and help you with the next steps of filing a lawsuit against the nursing home. Ross Feller Casey is nationally recognized for winning record-setting recoveries in wrongful death cases, including those involving nursing homes.

We have nationally respected doctors on our team who can help assist us in proving your loved one suffered a wrongful death at the hands of a nursing home employee or administrator. We take our nursing home wrongful death cases on a contingency basis, so you and your family don’t need to worry about paying unless we win.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.