Nursing home abuse is one of the most distressing crimes imaginable, especially when it results in the death of the victim. There is more than one way to seek justice when something shocking like this happens — in addition to pursuing criminal charges such as manslaughter or elder abuse, a close relative can file a wrongful death lawsuit against the responsible parties.
Fighting Back Against Nursing Home Abuse
Nursing home abuse occurs in a variety of forms — it may take the form of medical neglect, malnutrition, direct physical abuse or even sexual abuse, among other forms. Although it is not always easy to detect, there are usually telltale indicators. The presence of extensive bedsores, for example, is often (although not always) a sign of nursing home abuse.
Unfortunately, in many cases there is simply not enough evidence to support a criminal prosecution. Regardless of whether or not a successful criminal prosecution is possible, however, it may still be possible to win a wrongful death lawsuit, because the burden of proof that you must meet to win a civil lawsuit is much lower than what is necessary to secure a criminal prosecution.
Wrongful Death Lawsuits in Missouri
To file a wrongful death lawsuit in Kansas City, Missouri you must be the spouse, child, grandchild or parent of the deceased, although if no such relative is still living then a sibling or the personal representative of the deceased’s estate may file the wrongful death claim. If the abuse was committed by an employee of the nursing home, you are normally entitled to add the nursing home itself as a plaintiff, because an employer is usually responsible for the actions of its employees. Even if the abuser was not an employee of the nursing home, you can win a lawsuit against a nursing home if you can prove that it negligently supervised the abuser. You must file a wrongful death lawsuit within three years of the date of death in order to comply with the Missouri statute of limitations.
Reaching a Settlement or a Verdict
If you win a Kansas City wrongful death lawsuit, you will be entitled to damages for the deceased’s pain and suffering immediately prior to death, as well as for burial and funeral expenses, medical bills, loss of future earnings and benefits, and your loss of services and emotional benefits that the deceased would provided if the death had not occurred. You will need to accurately calculate these amounts and support them with evidence to prepare for settlement negotiations with the defendant, because preparing for a successful wrongful death lawsuit is the best way to strengthen your bargaining position in settlement negotiations. If you win a lawsuit, the damages will be distributed among the deceased’s close relatives, and your share will go directly to you rather than to the estate of the deceased.
How a Kansas City Wrongful Death Attorney Can Help
A typical successful resolution to a nursing home abuse wrongful death lawsuit involves gathering enough evidence for a strong case, filing a lawsuit, and then negotiating a settlement from a dominant bargaining position. For this, you will need a Kansas City wrongful death attorney who is equally skilled in private negotiations and courtroom litigation. The Kansas City Wrongful Death Attorneys of Hubbard & Kurtz possess decades of experience doing just this — aggressively fighting for our clients’ interests is simply a way of life for us. Call Hubbard & Kurtz today at (816) 472-HOPE (4673) to schedule an appointment to discuss your case.