What Is Wrongful Death in Nursing Homes?
A nursing home wrongful death occurs when a resident dies because a nursing home, assisted living facility, or staff member failed to provide reasonable care. These cases often involve nursing home abuse, neglect, or safety failures that put residents at risk.
Many nursing home residents rely on caregivers for nearly every aspect of daily life. When facilities are understaffed, fail to follow medical protocols, or ignore warning signs of serious health problems, the consequences can be fatal.
Common causes of nursing home wrongful death include:
- Physical abuse or assault
- Bedsores that develop into serious infections or sepsis
- Dehydration and malnutrition
- Falls resulting in head injuries or fractures
- Improper use of medical equipment
- Medical malpractice
- Medication errors and overdoses
- Neglect and lack of basic care
- Untreated infections, including sepsis and urinary tract infections
- Wandering and elopement incidents
Sepsis from neglected bedsores is the common thread in over 8,000 nursing home wrongful death and negligence lawsuits filed since 2010. A federal audit found such hospitalizations end in death far more often than others, according to a KFF Health News investigation.
Federal investigators have found that incidents of nursing home abuse and neglect are often underreported — and families are often never told why their loved one died. If you suspect nursing home abuse or neglect, we're here to help.
Learn More About Your Options
If you believe your loved one’s death was the result of abuse or neglect, experienced nursing home abuse wrongful death lawyers can help you understand your legal options.
Can You Sue a Nursing Home for Wrongful Death?
If a nursing home's negligence, abuse, or misconduct contributed to a resident's death, surviving family members may be able to file a wrongful death lawsuit and seek compensation for their losses.
You may be able to sue a nursing home for wrongful death if you're:
- A surviving spouse or domestic partner
- The resident's child or another relative
- An estate representative or administrator
Many families are unsure whether they have the legal authority to pursue a claim. Even if you were not named as the executor of your loved one's estate, you may still be entitled to compensation through a wrongful death lawsuit.

“Clients can sue a nursing home for neglect if the facility’s actions or inaction caused harm to their loved one. These cases are about accountability and making sure families get the compensation and justice they deserve.”
– Ricky Leblanc, Managing Attorney of Sokolove Law
Wrongful Death Nursing Home Settlements & Verdicts
Nursing home wrongful death settlements are a form of compensation agreed upon by the family and the nursing home or their insurance company. Verdicts, on the other hand, are awards determined by a judge or jury after a trial.
Nursing home wrongful death settlement amounts depend on the unique facts of each case, including the circumstances of the resident's death, the evidence of negligence or abuse, and the losses suffered by family members.
Our past nursing home wrongful death settlements and verdicts include:
- $18.2 Million for the family of a Rhode Island woman who suffered a fatal heart attack while under nursing home care
- $2 Million for the family of a Massachusetts woman who died after developing a serious infection because her catheter was not changed
- $1 Million for a California man whose mother died as a result of nursing home negligence
- $1.75 Million for the family of a Massachusetts nursing home resident who died in a fire caused by neglect
- $2 Million for the family of a California woman with dementia who died after being denied necessary care
While case values are never guaranteed, our nursing home wrongful death attorneys can fight for compensation for funeral costs, any leftover medical expenses, lost financial and emotional support, and more.
Average Nursing Home Wrongful Death Settlement Amounts
Average nursing home wrongful death settlements are around $400,000, according to industry estimates. However, wrongful death cases are often worth significantly more, especially in cases involving extreme abuse or neglect.
We've secured over $1 Million in nursing home wrongful death settlements and verdicts for many clients.
Call (800) 995-1212 now to see if we may be able to seek a nursing home wrongful death settlement for your family.
Damages in Wrongful Death Cases for Nursing Home Abuse
A nursing home wrongful death lawsuit can provide financial relief for surviving family members and hold negligent nursing homes accountable for the harm they caused.
The nursing home death lawyers at Sokolove Law have secured more than $332 Million total for families impacted by abuse and neglect in care facilities.
Damages in wrongful death cases for nursing home abuse may include:
- Emotional distress and mental anguish experienced by eligible family members
- Funeral and burial costs, as well as related expenses
- Loss of financial support and benefits provided by the deceased
- Medical expenses incurred before your loved one's death, including hospitalization, emergency treatment, and hospice care
- Pain and suffering experienced by the resident before death
- Punitive damages, which may be awarded to punish particularly reckless conduct
The damages available in a nursing home wrongful death case vary by state. Some states limit certain types of compensation, while others allow families to pursue a broader range of damages.
As a national nursing home abuse law firm, Sokolove Law can file nursing home neglect cases in any state, so we can help clients all across the country.
Why Work with Our Nursing Home Wrongful Death Attorneys?
Losing a loved one because of nursing home abuse or neglect can leave families with unanswered questions, unexpected expenses, and uncertainty about what to do next.
At Sokolove Law, our nursing home attorneys are here to help families understand their legal options and fight for the accountability they deserve. We handle every aspect of your wrongful death claim, so you can focus on your family.
Learn how our nursing home wrongful death attorneys stand out:
- Proven Results: We've recovered more than $332 Million for clients impacted by nursing home abuse and neglect.
- Decades of Experience: For more than 45 years, Sokolove Law has helped families seek justice after serious injuries and wrongful deaths caused by negligence.
- Dedicated Legal Team: Your case may be supported by a team of experienced professionals, including investigators, paralegals, and medical experts who can help uncover what happened to your loved one.
- Nationwide Representation: As a national law firm, we can help families pursue nursing home wrongful death claims in all 50 states.
- No Upfront Costs: We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family.
- We're Here for You: Losing a loved one unexpectedly can be overwhelming. Our team is here to guide your family through every step of the legal process and answer your questions along the way.
Nursing home wrongful death cases can be challenging because residents are often elderly and have preexisting medical conditions. Nursing homes and their insurers frequently argue that a resident's death was caused by age or underlying health issues rather than neglect or abuse.
Our attorneys know how to investigate these cases, uncover evidence of wrongdoing, and prove when a nursing home's actions contributed to a resident's death.
How to Find a Nursing Home Wrongful Death Lawyer Near You
To find a nursing home wrongful death lawyer near you, look for a law firm that focuses on nursing home abuse and neglect cases. You may want to research the firm's track record, client reviews, and results.
Nursing home wrongful death cases often involve complex medical records, state and federal regulations, and large facility chains with significant legal resources. It's important to choose a law firm with experience handling these types of claims.
At Sokolove Law, our nursing home wrongful death attorneys have 45+ years of experience helping families seek justice after preventable tragedies. We've recovered over $332 Million for families harmed by nursing home abuse.
How Much Do Nursing Home Wrongful Death Lawyers Cost?
Most nursing home wrongful death lawyers work on a contingency-fee basis, meaning there are no upfront costs or hourly fees. Your attorney is only paid if they recover compensation for your family.
At Sokolove Law, we offer free case reviews, no upfront costs, and no out-of-pocket fees. You only pay if we recover compensation for you.
Common Causes of Wrongful Death in Nursing Homes
Many nursing home deaths result from age-related illnesses and natural causes. However, some deaths occur because residents do not receive the care, supervision, or medical attention they need.
When a nursing home's negligence, abuse, or misconduct contributes to a resident's death, surviving family members may have grounds to pursue a wrongful death lawsuit.
Nursing Home Neglect Resulting in Death
Neglect is one of the leading causes of preventable nursing home deaths. Residents often depend on staff for food, water, hygiene, medication management, mobility assistance, and medical monitoring.
When caregivers fail to meet these basic needs, the consequences can be fatal. Nursing home neglect may lead to:
- Dehydration and malnutrition
- Medication errors
- Severe bed sores (pressure ulcers)
- Sepsis and other serious infections
- Untreated urinary tract infections (UTIs)
Roughly 33% of seniors in skilled nursing facilities experienced adverse harm events, and 59% of those events were deemed preventable, according to the Department of Health and Human Services (HHS).
Because many residents are unable to advocate for themselves, signs of neglect often go unnoticed until a medical emergency occurs.
Nursing Home Choking Death
Choking is a serious risk for nursing home residents, particularly those with swallowing disorders, dementia, Parkinson's disease, or other neurological conditions.
Residents may choke on food, medication, or foreign objects when staff fail to properly supervise meals, follow dietary restrictions, or recognize swallowing difficulties.
Suffocation, including choking on food or other objects, was the third leading cause of unintentional injury death among adults 65 and older, according to the Centers for Disease Control and Prevention.
About 25% of choking events among older adults occurred in a residential institution such as a nursing home. During one 4-year period, more than 2,200 Americans age 65 and older died from choking on food.
In some cases, a nursing home's failure to conduct swallowing assessments or provide appropriate feeding assistance can lead to an elderly resident choking to death on food in a nursing home.
Nursing Home Wandering Death
Residents with Alzheimer's disease and other forms of dementia may wander away from a nursing home if they are not properly supervised. Wandering incidents can result in fatal injuries from falls, exposure to extreme temperatures, and traffic accidents.
A study of 325 reports of people with dementia living in nursing homes and other residences found that 32% of elopement incidents ended in death.
More than 1,100 nursing homes nationwide have been cited for serious elopement violations based on ProPublica's Nursing Home Inspect data.
Nursing homes are expected to implement safety measures such as alarms, secured exits, and resident monitoring to reduce the risk of elopement.
Nursing Home Abuse Death
Physical abuse and other forms of mistreatment can have devastating consequences for elderly residents. Nursing home abuse deaths may result from violent assaults, intentional withholding of care, or prolonged physical trauma.
A federal investigation found 1 in 5 emergency room visits from nursing homes involved potential abuse or neglect — and facilities failed to report 84% of those incidents as required by law.
Families should be especially alert to unexplained injuries, bruising, sudden behavioral changes, or conflicting explanations from facility staff.
Death After a Fall in a Nursing Home
Falls are among the most common causes of serious injury and death among older adults. From July 2022 through June 2023, nearly 43,000 Medicare-enrolled nursing home residents suffered falls serious enough to require hospitalization. Of those, 1,911 died.
The vast majority had fall risk factors that nursing homes had already identified and documented before the fall occurred.
Facilities may be held responsible for a death after a fall in a nursing home when residents fall because of inadequate supervision, understaffing, unsafe premises, improper transfers, or a failure to address known fall risks.
A 2025 report found that 43% of falls resulting in major injury and hospitalization were never reported in federally mandated assessments, with for-profit and chain-affiliated nursing homes having the highest rates of underreporting.
Nursing Home Dehydration Death
Dehydration can quickly become life-threatening for elderly residents. Even mild dehydration may lead to confusion, kidney failure, infections, hospitalization, and death.
Many nursing home residents depend on staff members to provide fluids and monitor their hydration levels. When caregivers fail to recognize signs of dehydration or do not ensure residents receive adequate fluids, the results can be fatal.
A scientific review found that 1 in 3 nursing home residents is dehydrated at any given time — nearly twice the rate of seniors living at home.
A nursing home dehydration death lawyer can fight on behalf of families when negligent care leads to dehydration and loss of life.
Nursing Home Deaths from Sepsis
Sepsis is one of the most common and deadly complications of nursing home neglect. The condition occurs when the body's response to an infection triggers widespread inflammation that can lead to organ failure, septic shock, and death.
Many nursing home residents are especially vulnerable to sepsis deaths because of their age, weakened immune systems, and underlying health conditions. A seemingly minor infection can quickly become life-threatening if staff fail to provide timely treatment.
Common causes of sepsis deaths in nursing homes include:
- Catheter-related infections
- Infected bed sores (pressure ulcers)
- Pneumonia
- Poor wound care
- Surgical site infections
- Untreated urinary tract infections (UTIs)
At least 1.7 million adults in the U.S. develop sepsis each year, and nearly 350,000 die during hospitalization or are discharged to hospice care, according to the CDC.
Nursing home residents are 7 times more likely to develop severe sepsis than non-nursing home residents, and their outcomes are significantly worse, with ICU admission rates of 40% versus 21%, and in-hospital fatalities of 37% versus 15%.
Nursing Home Fire Deaths
Nursing home fires can be catastrophic when they occur. Elderly residents may have limited mobility and require assistance evacuating during an emergency.
Nursing home fire deaths may be linked to:
- Electrical hazards
- Failure to follow emergency response procedures
- Inadequate fire prevention systems
- Malfunctioning equipment
- Poor staff training
In 2025, 9 people were killed when fire broke out at the Gabriel House Assisted Living Facility in Fall River, Massachusetts, with dozens more taken to hospitals. Records show the facility had been out of compliance with state regulations.
When a facility fails to maintain a safe environment, surviving family members may be able to pursue compensation and accountability.
Call (800) 995-1212 now to find out if you may qualify for compensation from a nursing home wrongful death lawsuit. It costs nothing to speak with us.
Steps to File a Wrongful Death Nursing Home Lawsuit
Filing a wrongful death lawsuit against a nursing home can help families seek answers, hold negligent facilities accountable, and recover compensation after the loss of a loved one.
These cases often involve complex medical records, state-specific wrongful death laws, and investigations into whether abuse, neglect, medical errors, or other failures contributed to a resident's death.
When you work with Sokolove Law, our legal team can handle every aspect of your claim while you focus on your family.
Our nursing home wrongful death lawyers may be able to:
- Provide a free case review, allowing you to find out if you qualify to file a claim
- Collect medical records, care plans, inspection reports, and other evidence
- File a nursing home death lawsuit on your family's behalf
- Negotiate a settlement with the nursing home and their insurers
- Take the case to trial if a settlement cannot be reached
Many families contact a lawyer because they believe something was wrong but do not know exactly what happened. A wrongful death investigation may uncover evidence that a nursing home failed in their duty of care.
Nursing Home Wrongful Death Statute of Limitations
Every state has a deadline, known as the statute of limitations, for filing a nursing home wrongful death lawsuit.
The nursing home wrongful death statute of limitations is typically 2 to 3 years from the date of death, though some states only give families 1 year to take legal action.
Because important evidence can disappear and filing deadlines vary by state, it's important to speak with a nursing home death lawyer as soon as possible after a loved one's death.
Evidence Needed to Sue a Nursing Home for Wrongful Death
To succeed in a nursing home wrongful death lawsuit, an attorney must show that the facility's negligence or abuse contributed to the resident's death. This means proving the nursing home owed the resident a duty of care, breached that duty, and that this failure led to the death.
At Sokolove Law, our nursing home death lawyers work to build strong cases on behalf of grieving families, allowing them to move toward healing without worrying about legal details.
Evidence of Neglect or Misconduct
One of the most important parts of proving a nursing home wrongful death lawsuit is demonstrating how the facility failed to meet the accepted standard of care.
Evidence of neglect may include:
- Medical records, care plans, medication charts, and nursing notes
- Records showing untreated infections, bed sores, dehydration, malnutrition, or medication errors
- Facility incident reports documenting falls, injuries, wandering incidents, or other emergencies
- State inspection reports and Centers for Medicare & Medicaid Services (CMS) records showing safety violations or prior complaints
- Staffing schedules and employment records that reveal chronic understaffing or inadequate supervision
These records can help establish whether the nursing home failed to provide appropriate care and protection.
Evidence Linking Negligence to the Death
Your nursing home wrongful death lawyer must also show that the nursing home's actions or failures directly caused or contributed to the resident's death.
Evidence tying neglect to the resident's passing may include:
- Autopsy reports revealing injuries, infections, or other contributing factors
- Death certificates identifying the official cause of death
- Documentation showing a decline in the resident's condition before death
- Expert testimony from physicians, geriatric specialists, wound care experts, or other medical professionals
- Witness statements from staff members, residents, visitors, or family members
Medical experts are often critical in explaining how neglect, abuse, or improper care led to a fatal injury, infection, or medical complication.
Evidence of Damages
A wrongful death lawsuit against a nursing home seeks compensation for the losses suffered by surviving family members and the resident's estate. To recover full compensation, evidence must show the financial and emotional impact of the loss.
Supporting documentation may include:
- Evidence of lost financial support or benefits
- Funeral and burial costs
- Medical expenses incurred before death
- Documentation of the family's emotional and personal losses
While no amount of money can replace a loved one, compensation from a nursing home wrongful death lawsuit can help ease the financial burden on surviving family members.
Photos, Videos, and Other Supporting Evidence
Visual evidence can be especially powerful in nursing home wrongful death cases because it can show conditions that may not be fully reflected in medical records or incident reports.
Examples of supporting evidence include:
- Emails, letters, text messages, or call logs documenting concerns raised with the facility
- Notes from family visits detailing changes in the resident's condition or interactions with staff
- Surveillance footage showing falls, elder abuse, or inadequate supervision
- Photographs of bed sores, injuries, bruising, or unsafe living conditions
- Videos documenting neglect or dangerous conditions
Because nursing homes control many of the records needed to investigate a death, it is important to act quickly. Medical records, surveillance footage, staffing logs, and other evidence can become more difficult to obtain as time passes.
An experienced lawyer for a nursing home death can help preserve evidence and build the strongest possible case.
Get the Help Your Family Deserves
Our nursing home wrongful death lawyers are compassionate with those who turn to us — and relentless with those who’ve done them wrong. Let us fight for your family.
Nursing Home Wrongful Death Cases
Nursing home wrongful death cases continue to make headlines across the country, from lawsuits involving fatal falls and untreated infections to investigations into nursing home neglect, understaffing, and abuse.
Recent nursing home wrongful death case results include:
- $100 Million California assisted living wrongful death verdict tied to elopement
- $12.5 Million Ohio nursing home wrongful death verdict following a fall
- $14.7 Million Florida nursing home wrongful death verdict from severe pressure wounds
- $26 Million Ohio nursing home wrongful death verdict involving a choking incident
- $30 Million California nursing home wrongful death verdict related to bedsores
These cases can provide important insight into the risks facing nursing home residents and the legal options available to families after a preventable death.
$100 Million California Assisted Living Wrongful Death Verdict
In March 2026, a California jury awarded $110 Million to the family of an assisted living resident who died of hypothermia in February 2019 after leaving Greenhaven Estates in Sacramento.
The 100-year-old resident had been diagnosed with Alzheimer’s and was a known risk for wandering, according to the lawsuit. Ultimately, she was found in the early morning hours outside a door that automatically locked behind her.
The family's nursing home wrongful death attorney in California claimed that her wandering was not included in an individualized care plan. The California Department of Social Services cited the home for failures related to staffing, training, and supervision.
“While no verdict can bring our mother back, we hope this outcome will prevent other families from suffering the same heartbreak and force these companies to prioritize the well-being of the vulnerable seniors entrusted to their care.”
– Family of California Nursing Home Wrongful Death Victim
$12.5 Million Ohio Nursing Home Wrongful Death Verdict
In May 2026, an Ohio jury awarded $12.5 Million to the family of an 83-year-old nursing home resident who died after suffering a traumatic brain injury in a fall at Chesterwood Village.
The nursing home wrongful death lawsuit alleged that staff failed to properly monitor the resident, who was blind, and then attempted to conceal what happened after the incident.
According to reports, the nursing home initially claimed the resident's injuries resulted from a medical episode rather than a fall, but evidence later showed the facility's account was inaccurate and that staff members did not promptly report the incident.
$14.7 Million Florida Nursing Home Wrongful Death Verdict
The children of an 82-year-old man were awarded $14.7 Million after he died from severe pressure wounds.
The family sued Krystal Bay Nursing and Rehabilitation in North Miami Beach, Florida, alleging that the facility provided inadequate care that ultimately led to the man's untimely death.
“They were taking his money but not doing what they were supposed to do for him. I don’t think anyone should have to suffer the way he did. It’s heartbreaking.”
– Daughter of Florida Nursing Home Wrongful Death Victim
$26 Million Ohio Nursing Home Wrongful Death Verdict
The family of a 69-year-old man who choked to death while in care was awarded $26 Million by jurors against Signature HealthCARE of Warren.
The victim was blind and had traumatic brain injuries requiring 24/7 assistance from caregivers, including help with eating. However, he aspirated while eating lunch unsupervised in his room due to understaffing, according to the lawsuit.
Staff reportedly waited 42 minutes to call an ambulance, during which time the resident drowned in his vomit. The verdict included $5 Million in punitive damages to punish the home for their negligence.
$30 Million California Nursing Home Wrongful Death Verdict
A Sacramento jury ordered a Roseville, California nursing home to pay over $30 Million to the family of an Air Force veteran and retired professor who died following a 2-week stay at the facility.
The family's California nursing home wrongful death lawyers alleged that Pine Creek Care Center and their owners cut staffing to protect their profits, making the facility unsafe for residents.
The victim allegedly died from complications related to severe bedsores on his heels. Pine Creek staff is accused of failing to reposition him to prevent the bedsores or use the heel protectors that he had arrived with.
New York Nursing Home Wrongful Death Lawsuit
ArchCare at Providence Rest, a nursing home and rehabilitation center in the Bronx, was sued after a family alleged the facility’s negligence led to a resident’s death following a short-term stay for rehabilitation.
The New York nursing home wrongful death lawsuit claimed staff repeatedly refused to help the man get out of bed or provide him with physical therapy.
After being transferred to the hospital, where he eventually passed away, his wife learned he had developed a bacterial infection, pneumonia, sepsis, bedsores, and ulcers during his stay at ArchCare.
Nursing Home Death Statistics
While many nursing home residents have serious medical conditions and require around-the-clock care, research suggests that a significant number of nursing home deaths may be linked to failures in care.
Federal investigations and academic studies have identified troubling patterns involving understaffing, underreported abuse, untreated infections, and serious safety lapses in nursing homes across the country.
Nursing home death statistics include:
- Between 20% to 24% of deaths in the U.S. occur in nursing homes, with the percentage increasing as the population ages, according to the National Library of Medicine.
- The Office of the Inspector General (OIG) found that 1 in 3 skilled nursing facility residents were harmed by an adverse event or temporary harm event within the first 35 days of their stay.
- ProPublica's coverage of the same OIG report confirmed that the deaths involved problems such as preventable blood clots, fluid imbalances, excessive bleeding from blood-thinning medications, and kidney failure.
- Of those adverse events, 59% were preventable, according to the OIG — meaning the deaths and injuries were not inevitable outcomes of illness, but failures of care.
- An estimated 1 in 5 high-risk ER visits by Medicare beneficiaries in skilled nursing facilities were the result of potential abuse or neglect, and many were never reported to state survey agencies, OIG reported.
- 42,864 Medicare-enrolled nursing home residents suffered falls resulting in major injuries and hospitalization in a single year, and 1,911 residents died while hospitalized after these serious falls, according to the U.S. Government Accountability Office (GAO).
- Most residents who suffered serious falls had already been identified by nursing homes as being at risk for falling, as noted by the GAO.
- Federal investigators found that in 43% of cases, nursing homes failed to report falls involving major injury and hospitalization, raising concerns about transparency and resident safety.
- The GAO found that abuse in nursing homes is often underreported and that CMS lacks the data systems to track abuse type or perpetrator, making oversight and accountability harder.
- More than 16,000 COVID-19 nursing home deaths were likely excluded from the official government death count, according to JAMA Network Open.
- Nursing home residents are 7 times more likely to be diagnosed with severe sepsis than non-nursing home residents, as per the National Library of Medicine.
- Approximately 37% of nursing home residents with severe sepsis die while receiving care in a hospital.
- University of Pennsylvania researchers estimated that adequate staffing would save approximately 13,000 nursing home lives per year.
These statistics show that many nursing home deaths are not simply the result of old age or declining health. In many cases, they stem from inadequate staffing, failures to monitor residents, and poor safety practices.
Average Stay in a Nursing Home Before Death
Research suggests that many nursing home stays at the end of life are relatively short. A study of older adults who died while residing in nursing homes found that the median length of stay before death was just 5 months.
The Journal of the American Geriatrics Society study also found that 53% of nursing home residents died within 6 months of being admitted to a nursing home, while 65% died within 1 year of admission.
Get Help from a Top Nursing Home Wrongful Death Attorney
Losing a loved one because of nursing home abuse or neglect can leave families with more questions than answers. At Sokolove Law, we've spent more than 45 years helping families seek justice and hold negligent companies accountable.
We understand the challenges families face after a preventable death and are committed to making the process as straightforward as possible.
Our team has extensive experience handling nursing home abuse and wrongful death cases, and there are no upfront costs or hourly fees to get started.
If your loved one died in a nursing home or other care facility and you believe neglect or abuse may have played a role, we're here to help.
Call us at (800) 995-1212 right now for a free case review. We can explain your legal options and determine whether your family may qualify to pursue a nursing home wrongful death lawsuit.
Nursing Home Wrongful Death Lawyer FAQs
What is a nursing home wrongful death?
A nursing home wrongful death occurs when a resident dies because of abuse, neglect, or another preventable act by a nursing home or their staff. In other words, the resident's death would not have happened but for the facility's failure to provide appropriate care.
Examples of conduct that may lead to a nursing home wrongful death claim include:
- Abuse
- Choking incidents
- Fatal falls
- Medication errors
- Severe dehydration
- Untreated infections
- Wandering accidents
Wrongful death claims can arise not only in nursing homes, but also in assisted living facilities, memory care centers, and other long-term care settings.
If a facility's negligence contributed to your loved one's death, surviving family members may have the right to seek compensation and hold those responsible accountable. See if you qualify with a free case review.
Can you sue a nursing home for wrongful death?
Yes. If nursing home abuse, neglect, or another form of negligence contributed to your loved one's death, you may be able to file a nursing home wrongful death lawsuit.
While a lawsuit cannot bring your loved one back, it can help families hold negligent facilities accountable and recover compensation for losses such as medical expenses incurred before death, funeral and burial costs, and loss of companionship.
How much is a nursing home wrongful death settlement?
Nursing home wrongful death settlements average around $400,000, according to industry estimates. Wrongful death cases may be worth more, and many families have recovered over $1 Million.
The value of a nursing home wrongful death settlement depends on factors such as the resident's age and health, life expectancy, medical expenses incurred before death, and the emotional and financial losses suffered by family members.
Call (800) 995-1212 to learn more about your legal options and what your family's claim may be worth.
What happens if someone passes away in a nursing home?
When a nursing home resident passes away, the facility is responsible for notifying the resident's family, physician, and other appropriate parties. Staff will typically document the death and help coordinate the release of the resident's belongings and any necessary paperwork.
If the death was unexpected or there are concerns about abuse, neglect, or suspicious circumstances, the nursing home may be required to notify law enforcement, the medical examiner, or state agencies. In some cases, an autopsy or investigation may be conducted to determine the cause of death.
If you believe nursing home abuse or neglect contributed to your loved one's death, it's important to preserve records and speak with a nursing home wrongful death attorney as soon as possible.
What is the leading cause of death in nursing homes?
Complications from Alzheimer's disease and other forms of dementia are the most common cause of death in nursing homes, accounting for approximately 36% of deaths, according to research published by the National Library of Medicine.
How many nursing home deaths from COVID occurred?
Federal data recorded roughly 170,000+ COVID-19 deaths among nursing home residents over the course of the pandemic. Researchers who accounted for underreporting estimate the true total is likely higher, in the range of 180,000 to 200,000 residents.
What percentage of COVID deaths were in nursing homes?
Nursing home residents accounted for a disproportionately large share of COVID-19 deaths in the United States. Approximately 33% of COVID-19 deaths nationwide occurred among nursing home residents and staff.
The pandemic highlighted longstanding concerns about infection control, staffing shortages, and resident safety in nursing homes.
What's the average stay in a nursing home before death?
In a study of older adults who died while residing in nursing homes, the Journal of the American Geriatrics Society found that the median length of stay before death was just 5 months, while the average stay was approximately 13.7 months.
Who is responsible for nursing home debt after death?
In most cases, family members are not personally responsible for a loved one's nursing home debt after they die. Instead, unpaid bills are typically paid from the deceased person's estate.
However, there may be exceptions if someone agreed to be personally responsible for payment or if state law imposes liability on a spouse. If you have questions about a loved one's nursing home debt, consider speaking with an attorney about your specific situation.
Can families get a nursing home refund after death?
Sometimes. If a resident dies after prepaying for nursing home services, the estate or family may be entitled to a refund for unused room, board, or other charges.
Whether a refund is available depends on the nursing home's contract, state law, and the circumstances of the resident's death. Families should review billing statements and admission agreements carefully and contact the facility if they believe a refund is owed.
What happens to unpaid nursing home bills after death?
After a nursing home resident dies, any unpaid bills generally become the responsibility of the deceased person's estate, not their family members. The estate may use available assets to pay outstanding nursing home expenses before any remaining assets are distributed to heirs.
In most cases, children and other relatives are not personally responsible for a loved one's nursing home debt unless they agreed to be financially liable or state law provides otherwise.
How long do nursing home wrongful death lawsuits take?
The timeline for a nursing home wrongful death case depends on how complex the case is and whether it goes to court or settles beforehand.
An experienced nursing home wrongful death lawyer can guide your family through the process and work to recover compensation as quickly as possible while building the strongest case on your behalf.
How do I find experienced wrongful death lawyers for nursing home neglect death?
To find an experienced wrongful death lawyer for a nursing home neglect case, look for a law firm that has handled nursing home abuse and wrongful death claims, understands state and federal nursing home regulations, and has the resources to investigate what happened.
You may also want to consider a firm's track record, client reviews, and whether it offers free consultations.
At Sokolove Law, our nursing home wrongful death attorneys have more than 45 years of experience helping families seek justice after preventable deaths caused by abuse and neglect. Contact us now to learn about your legal options.
What's the cost of a wrongful death lawyer for nursing home neglect?
Most wrongful death lawyers for nursing home neglect cases work on a contingency-fee basis, meaning there are no upfront costs or hourly fees. Instead, the attorney is paid a percentage of any settlement or verdict recovered in your case.
At Sokolove Law, we offer free case reviews and charge no upfront costs, so there's no financial risk in learning about your legal options.
