If you have lost a loved one because of nursing home misconduct, you may be entitled to recover compensation. It’s important to know what you can recover and how to prove your case. Our experienced Greenville nursing home abuse attorney Robert “Bobby” Jones explains.
What Is a Nursing Home Wrongful Death Claim Under South Carolina Law?
A nursing home wrongful death claim is a civil lawsuit for financial compensation. South Carolina law allows surviving family members to claim compensation for the death of their loved one. The lawsuit is based on the nursing home’s negligence causing the person’s death.
What To Know About Nursing Home Wrongful Death Recovery
Here’s what you should know about nursing home wrongful death recovery:
- Right to compensation. If your loved one passes away because of nursing home misconduct, you may have a legal claim.
- Negligence. A claim may be based on negligence or more serious misconduct. Most claims are not based on intentional wrongdoing.
- Civil claim. A nursing home wrongful death claim is a civil claim. The family must initiate their claim and prove their right to compensation.
- Building your case. The family has the burden of proving the case. You may use the legal discovery process to interview witnesses and gather records.
- Legal representation. A lawyer may represent you. The lawyer is different from the personal representative.
Bobby Jones Law represents families in wrongful death claims. Contact us to see how an attorney may assist with your case.
What Are the Most Common Causes of Wrongful Death in Greenville Nursing Homes?
Common causes of wrongful death in Greenville nursing homes include:
- Falls. A lack of fall prevention, mobility assistance, and railings.
- Neglect. Failing to meet daily needs like personal hygiene causing an overall health decline and risk of infection.
- Food poisoning. From unsafe food handling.
- Medication errors. Including wrong medication, wrong doses, or missed medication.
- Abuse. Intentional harm, including assault and battery.
- Malnutrition. Inadequate nutrition, dehydration.
- Lack of supervision. May include resident elopement.
- Inadequate response. Failing to respond appropriately when a resident needs assistance.
If death is caused by nursing home wrongdoing, survivors may have a claim for compensation.
What Is the Difference Between a Wrongful Death Claim and a Survival Action in SC Nursing Home Cases?
A wrongful death claim is about survivors and recognizes the loss from the family’s perspective, both financially and personally. A survival action concerns the victim, the financial losses to their estate, and the conscious suffering they had before death.
There can be both types of claims for a nursing home wrongful death. They cover different things, and pursuing one claim shouldn’t diminish the other. Proceeds of the wrongful death go directly to the qualifying family members. Proceeds of the survival action go to the estate and may be subject to creditors.
Who Has the Legal Right To File a Nursing Home Wrongful Death Lawsuit in South Carolina?
The personal representative has the legal right to file a wrongful death lawsuit in a nursing home in South Carolina. However, it’s the beneficiaries who receive the proceeds. Even if you’re not the personal representative, you may qualify to receive compensation.
The spouse and children are the first priorities to receive wrongful death compensation in SC. If both the spouse and children survive the victim, the spouse receives 50% of the lawsuit proceeds. The children split the other 50%. If there are no children, the spouse gets 100%. If there is no spouse, the children get 100%.
If there is no spouse and no children, more extended family members, such as parents or other heirs, may receive compensation.
What Must Be Proven in a Nursing Home Wrongful Death Case in SC?
In a nursing home wrongful death case in SC, you must prove:
- Resident. The person was a resident or otherwise had a care relationship with the nursing home.
- Negligence. Negligence or other wrongdoing occurred.
- Causation. The nursing home’s wrongdoing caused the death of the victim.
- Survivors. There are survivors who deserve compensation.
- Damages. Losses and suffering victims have endured.
A lawyer can identify key issues and areas of focus for your case.
What Damages Can Families Recover in a Greenville Nursing Home Wrongful Death Lawsuit?
In nursing home wrongful death claims, economic losses are usually medical bills, incidental costs, and funeral expenses. It’s unlikely that surviving families would have relied on the individual for financial support through earned income. But other economic losses can be included.
Non-economic losses are the grief, sorrow, and loss of companionship associated with the death of a loved one. In any wrongful death claim, emotional loss is significant.
When Are Punitive Damages Available in a SC Nursing Home Wrongful Death Case?
Punitive damages are available in a SC nursing home wrongful death case when the death results from extreme misconduct. The wrongdoing must be willful or reckless.
Punitive damages punish offenders and serve as a warning to others.
The plaintiff bears the burden of proving that punitive damages are appropriate. The amount awarded depends on the degree of fault, the defendant’s ability to pay, attempts to hide wrongdoing, and a history of misconduct.
What Is the Statute of Limitations for Nursing Home Wrongful Death Claims in South Carolina?
The statute of limitations for nursing home wrongful death is usually three years, but it can vary. If the defendant is a unit of government, the time limit is two years. If the death was the result of medical negligence, this can alter the timeline. There may be an extension for late discovery of the cause of death.
Never wait to contact an attorney. We can work quickly to pursue your case.
Why Greenville Families Need Dedicated Legal Representation in Nursing Home Wrongful Death Cases
In a nursing home wrongful death case, nursing homes often take steps to cover their wrongdoing. Key evidence is often in the hands of the nursing homes. You need dedicated legal representation.
Robert “Bobby” Jones of Bobby Jones Law is an experienced nursing home wrongful death attorney who handles cases in Greenville, SC, and the surrounding areas. Please contact us.
