Georgia Nursing Home Wrongful Death FAQs
Last updated Wednesday, September 28th, 2022
Frequently Asked Georgia Nursing Home Wrongful Death Questions
Ideally, the terms, ‘wrongful death’ and ‘nursing home’ should never even be in the same sentence. But an aging population, overcrowded facilities, and a lack of highly trained staff create a perfect storm.
Leaving an elderly loved one in a nursing home means entrusting staff will provide a standard of care. When something goes wrong, accidents happen. People get hurt. If a relative sustains fatal injuries, you may feel your trust was misplaced.
Have you lost a loved one in a nursing home? Are there mysterious circumstances surrounding the death? Are administrators giving you the runaround? Do you feel like you owe it to your relative to get justice?
When you’ve got questions, we’ve got answers at Murphy Law Firm. We are experienced in negotiating these types of wrongful death cases. Our goal is two-fold: getting you compensated for your loss and bringing awareness to a problem.
Who Can File a Nursing Home Wrongful Death Lawsuit in Georgia?
In Georgia, a nursing home wrongful death lawsuit can be filed by the deceased’s family members. A separate claim for financial losses and pain and suffering can be filed by a personal representative of the deceased’s estate.
The personal representative is typically the executor or administrator of the estate. In some cases, a surviving spouse, child, or parent may be able to file a lawsuit.
These types of claims can become super tricky. Having legal representation can give you much-needed mental relief. You’re also going to stand a much better chance of getting a substantial settlement.
Who Can Bring a Survival Action in Georgia?
In the state of Georgia, a survival action may be brought by the personal representative of a decedent’s estate. This is typically the executor or administrator of the estate, although in some cases it may be someone else who has been appointed by the court.
A survival action allows the decedent’s estate to recover damages for injuries that the decedent sustained before death. A person may not die instantly when something’s amiss in a nursing home. These claims can cover expenses that date from the accident to the date of death. If the deceased would have survived, they could have filed a personal injury claim. Survival action claims are the next best thing.
What if a Loved One Died Because of Nursing Home Negligence?
If a loved one died because of nursing home negligence, it would be a devastating event. The family would likely be left feeling angry, helpless, and alone. They would also have to deal with the financial burden of funeral costs and any medical bills.
It is important to remember that this is not your fault and that you are not alone. There are many resources available to help you through this difficult time. Our team members understand your painful loss. We can put you in touch with professionals who can help you cope.
You may have nagging questions. Why did this happen? Could this unexpected loss have been prevented? Who’s to blame? Not every nursing home injury or death is caused by abuse or negligence- far from it. But it’s important to find out details of your relative’s accident.
Employees are required to maintain a duty of care to residents. Our investigators get to the bottom of what happened. If your loved one suffered due to carelessness or mistreatment, we can fight on their behalf.
What Are Settlement Amounts for Nursing Home Wrongful Deaths?
When a nursing home resident dies due to the negligence or abuse of the facility staff, the family of the deceased may be able to file a wrongful death lawsuit. If the lawsuit is successful, the court may award the family a settlement to compensate them for their losses.
The amount of the settlement will depend on a number of factors, including the severity of the abuse, the degree of negligence, and financial losses suffered by the family. Every case varies.
Our team can help determine the best way to calculate your damages. If there was foul play or extreme recklessness, punitive damages may also be sought.
How Long do Nursing Home Lawsuits Take in Georgia?
In general, nursing home lawsuits in Georgia take between one and two years to resolve. The specific amount of time it will take to resolve your lawsuit will depend on the specific facts and circumstances of your case. However, you can typically expect your nursing home lawsuit to take at least a year to resolve.
There are many factors involved in these types of cases. How long will it take to get the nursing home medical records? Is it easy to find witnesses? Are staff members helpful or is there pushback at the facility? What’s the wait time for getting scheduled on the trial calendar?
Try not to let these questions worry you. Just know results don’t come overnight. You don’t want a long, drawn-out process but sometimes, it just can’t be helped. Rest assured, when Murphy Law Firm represents you, we’ll fight to make sure every minute was well spent.
What Are Nursing Home Negligence Statutes of Limitations in Georgia?
A statute of limitations is a law that sets a time limit on how long you have to file a lawsuit. The nursing home negligence statute of limitations in Georgia is two years. This means that you have two years from the date of the injury to file a lawsuit against the nursing home. If you do not file a lawsuit within this time period, you will be unable to recover damages for your injuries.
The same goes for filing a wrongful death claim. The clock begins ticking the day your loved one dies. You have two years to bring a lawsuit against a nursing home for negligence that resulted in the death of a relative.
There is an exception though. The time limit gets extended when there is a criminal case tied to the wrongful death claim. You may be allowed up to seven years to file your claim in these situations.