Nursing Home Deaths: Statute of Limitations and Next Steps
When your loved one is being abused or neglected by nursing home staff, time is of the essence to protect your loved one’s health and wellbeing. If you or your family members notice signs of abuse and/or neglect quickly, you may be able to move your loved one to a new facility and help them obtain necessary medical treatment for any injuries they may have suffered. As stressful and as complicated as such a situation is, even more complex is the situation wherein your loved one dies due to nursing home abuse or neglect.
Statute of Limitations for Wrongful Death Lawsuits
If your loved one dies as the result of another’s negligent, reckless, and/or abusive actions, California law provides you with a two-year time span within which to file a wrongful death lawsuit and seek compensation for your injuries or losses. Within this time, you must be able to:
- Confirm that your loved one is deceased
- Determine the cause or causes of your loved one’s death
- Investigate these causes to determine the individuals and/or entities that are responsible for your loved one’s death
- Prepare and file your wrongful death lawsuit and serve the allegedly at-fault parties with notice of your lawsuit in compliance with applicable statutes
Although two years may seem like a long time, in many cases, this time period flies by considering all the various other tasks that you must complete on behalf of your loved one’s estate.
Steps to Take After Your Loved One Has Passed in a Nursing Home
Losing your loved one is always a traumatic experience, even if your loved one was living in a nursing home or other assisted facility. While you will need to collect your loved one’s belongings, make funeral and burial arrangements, and begin the probate process, you should be wary of signing any forms from the nursing home without carefully reviewing them. Any form that asks you to waive any claim you may have against the home should be reviewed by an attorney, as signing such a form may preclude you from seeking compensation in the event the nursing home or one of its employees abused or neglected your loved one and such actions led to your loved one’s death.
Contact an Orange County Nursing Home Abuse Attorney Today
If your loved one was living in a nursing home and died unexpectedly or under suspicious circumstances, you must seek legal assistance right away. Contact Case Barnett Law, your experienced and compassionate California nursing home abuse attorneys, as soon as possible. We are dedicated to helping you and families like yours hold abusive or negligent nursing homes and their employees responsible for their behavior, especially when it leads to the death of your loved one. Call Case Barnett Law today for assistance at (949) 861-2990, or reach out to our experienced Costa Mesa personal injury attorney team through a contact form, and allow our team of dedicated attorneys and legal staff help you in your time of need.