COVID-19 has affected every aspect of life. We have lost people we love to the virus, and sometimes without having our questions answered about why.
It is not always easy to narrow down what qualifies as wrongful death, especially in the time of a once-in-a-century pandemic. It is new terrain. However, you have rights when it comes to personal injury and wrongful death of a relative in a nursing home due to mishandling the Coronavirus.
Defining Wrongful Death
The legal term for wrongful death is defined as – one that is caused by the “wrongful act, omission, or negligence” of another. Both individuals and companies can face wrongful death or personal injury lawsuits.
Wrongful death claims include those related to negligence or intentional attacks. Children, parents, siblings, and other family members can seek compensation for a relative that suffered a wrongful death. The possible damages they can seek include financial compensation for medical and other related expenses, trauma, and pain and suffering.
Nursing Homes and Neglect
Before the Coronavirus, negligence in nursing homes was already a serious issue. With the added dangers, if you suspect that a loved one is suffering neglect, contacting a professional attorney is the best plan of action.
Nursing homes have set rules and protocols in place to ensure the protection of their residents. However, administrators sometimes fail to take elder rights into account and face legal sanctions.
Part of seeking compensation for the wrongful death of a loved one is for justice, whether the nursing home faces legal repercussions or not. If your relative died due to any type of neglect, it is your right to file a lawsuit.
Do not wait to find qualified legal representation. The longer you wait, the harder it becomes to prove wrongdoing.
Coronavirus and Neglect
Our older population faces new risks because of Coronavirus. Preexisting conditions and possible complications lead to even more worry and stress about our family member and their care.
It is up to nursing homes and caretaking facilities to react to protect their residents regardless of the circumstance. Caretaking facilities are taking additional steps to keep our family members protected, but are they doing enough?
You have the right to seek compensation and justice if a nursing home fails to enact state and national guidelines to keep your relative. It is their duty to implement safety guidelines and follow them lawfully.
Irresponsible social distancing, allowing infected workers to continue to work, and ineffective disinfecting and protocols are all infractions that lead to negligence and open them up for lawsuits.
Your Rights – Nursing Home Negligence and Wrongful Death
You have rights when it comes to nursing home negligence and wrongful death. You can seek justice and compensation from those that were tasked with keeping your older relative safe and failed to do so.
The introduction of the Coronavirus has confused and upended many things we thought we knew. However, victims and their families are navigating the new world the best they can. Your case will help others that are facing the same tragedies. And, it will force society to make the changes they need to make to keep all of our family members safe.
The first step is to contact a professional attorney. Researching and finding the right advocate for you and your family is the most important step you will take.
The fundamental fact is that there is no dollar amount that will replace the loss of losing a loved one. However, compensation can help in making financial costs more manageable.
If your relative has died from the Coronavirus because of a nursing home or long-term care facility’s negligence, you have the right to seek damages. The judgment can include medical expenses, pain and suffering, and funeral and burial expenses.
The medical damages will include the cost of COVID-19 testing, medical treatment, and other medical expenses related to complications brought on by the virus.
The pain and suffering aspect relate to the mental and emotional anguish suffered by your loved one due to the negligence of a nursing home.
The funeral and burial expenses of a parent or relative is possible if they died due to the Coronavirus.
Again, we know there is no monetary amount that will make the loss of a loved one any easier. But, there should be consequences for the inaction or negligence of a nursing home staff. It is not only about the compensation, but about the people or facility facing justice for what they have done or not done. It also serves as a warning to other families.
Do your research, and ask as many questions as you feel comfortable in asking when it comes to a lawyer. Knowledge is power, and that power is needed during the devastating time for your family. The pandemic has taken its toll on everyone in different ways, and the loss of a family member hurts regardless of why the loss happens.