Our San Diego skilled nursing home attorneys understand that the sudden death of a loved one causes unimaginable grief that the victim’s friends and family will carry with them for the rest of their lives. Living without a husband, a wife, or a parent can seem like an insurmountable challenge; a challenge that, by itself, can cause despair and overwhelming desperation. However to compound matters further, the surviving family members may also be left with a financial hardship as a result of their loved one’s passing.
If a loved one’s death was caused by the negligent, reckless or intentional acts of another, a wrongful death action may be brought by a California Elder Abuse Act lawyer and the victim’s surviving heirs to recover funeral and medical expenses, any lost wages, loss of future earnings of the deceased person, and loss of companionship and services. Although there is no amount of money that will compensate for the incredible loss the victim’s loved ones are experiencing, obtaining financial compensation will ease the stress and anxiety that often accompanies a family member’s unanticipated death due to added expenses or a decrease in familial income.
An important consideration to take into account when hiring a California skilled nursing home lawyer and pursuing such a claim is that a wrongful death claim may be limited depending upon the conduct which forms the basis for the action. More specifically, a wrongful death claim based upon medical malpractice may be capped at $250,000 under the provisions of MICRA if the defendant medical treater is found to have been merely negligent. However, if the defendant medical treater is found to have acted recklessly or neglectfully (any conduct that was more than merely negligent) then that limitation would not apply. Similarly, the $250,000 limit would not apply if the wrongful death claim is based upon the Elder Abuse and Dependent Adult Civil Protection Act (also known as the California Elder Abuse Act) because abuse amounts to more than mere negligent conduct. Our San Diego Elder Abuse Act attorneys are extremely familiar with all state laws as they relate to nursing home abuse, and will fight to make sure you receive the greatest compensation possible under the law.
One common cause of wrongful deaths due to nursing home negligence is decubitus ulcers. Decubitus ulcers, also referred to as bed sores, happen when a bed-bound patient in a nursing home develops pressure sores due to lack of movement and circulation. Though completely treatable if caught early, decubitus ulcers can become severe and even fatal if left unattended. If a member of your family has suffered a wrongful death at a nursing home due to a bed sore that was caused by negligent care, you may be entitled to monetary compensation. Contact a San Diego decubitus ulcer attorney at our firm today to discuss your case.
When choosing a California skilled nursing home lawyer, it is important that the victim’s heirs not only look for a professional and knowledgeable law firm with experience in litigating these complex cases, but also one with compassionate attorneys who will respect the incredible loss their clients are experiencing. At Berman & Riedel, LLP, our San Diego Alder Abuse Act attorneys are knowledgeable regarding wrongful death claims, and understand not only the intricate legal aspects of such cases but also their emotionally sensitive nature. We work diligently to see these cases through to completion so as to relieve the needless stress that our clients are experiencing during such a trying time.
If you believe you have suffered the wrongful death of a loved one through acts of elder abuse or neglect, the San Diego skilled nursing home attorneys at Berman & Riedel, LLP, can offer knowledgeable and experienced advice on how to best protect your legal rights. Contact a wrongful death attorney at our firm to discuss your legal options. Initial consultations are always free of charge.