Get Justice for Your Loved One – Hold Negligent Nursing Homes Accountable
Losing a loved one because of nursing home neglect is a devastating experience that no family should have to go through. Having a wrongful death nursing home attorney in Shrewsbury, NJ, by your side can be invaluable during such a difficult time. The unjust death in nursing home neglect happens when a resident dies due to poor care or negligence by the facility or its staff.
Filing for a wrongful death claim helps seek justice and hold negligent parties accountable. It also paves the way for improving future care and safety for others.
This article explores the challenges of New Jersey’s wrongful death claim process and how the right lawyer can make all the difference.
Quick Summary:
- New Jersey allows families to sue nursing homes for neglect causing death. The Wrongful Death Act (N.J.S.A. 2A:31-1) and Survivor’s Act work together to cover financial losses and pre-death suffering. Claims must show that the facility failed basic care standards, such as ignoring infections or medication errors. Families have two years to file, with rare exceptions for hidden neglect.
- Four elements must be proven: duty of care, breach, causation, and damages. Nursing homes must provide safe conditions, medical care, and proper supervision. A breach happens when they fail these duties, like poor staffing leading to bedsores. The neglect must directly cause death, and families must show financial harm like lost income or funeral costs.
- Families can recover medical bills, lost future earnings, and funeral expenses. Courts calculate losses based on the deceased’s age, health, and income history. For example, a case involving untreated bedsores might cost $1 million or more. Pain and suffering before death can also be claimed under the Survivor’s Act.
- New Jersey gives two years to file the claim after a resident’s death. Missing this deadline risks dismissal, though hidden abuse cases may extend it. Prompt action preserves evidence like staff schedules and medical records. Delays weaken cases, as witnesses forget details or documents get lost.
What Constitutes New Jersey’s Wrongful Death Claim
New Jersey protects families who lose loved ones due to nursing home negligence. The state’s Wrongful Death Act and Survivor’s Act work together to help families seek justice and compensation when a nursing home’s actions or lack of care lead to death.
Understanding State Laws for Wrongful Death Claims
The New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1) sets clear rules for filing claims against nursing homes. This law helps families recover money damages when a facility’s negligence causes a resident’s death.
Key provisions under state law include:
- The law defines wrongful death as any death prompted by someone’s improper actions, neglect, or failure to act. It covers situations like medication errors, falls from lack of supervision, or deaths from untreated medical conditions.
- Families must file claims within two years of the death date. Missing this deadline often means losing the entitlement to sue, though some exceptions exist for cases where neglect was hidden.
- Only the estate’s representative can file the lawsuit. This person acts on behalf of all family members who depend on the victim for support.
Elements Required to Prove Negligence
To establish an unjust death in a nursing home, you generally need to provide evidence demonstrating negligence or deliberate harm. The family must prove these four elements:
- Duty of Care: Nursing homes are legally required to maintain a standard level of care for their residents. They address their clients’ physical, emotional, and medical needs.
- Breach of Duty: Nursing home staff and administrators are responsible for the safety and well-being of residents. You must prove that the facility breached its duty of care, such as failing to monitor a resident, leading to bedsores and death, administering the wrong medication, or not giving any at all.
- Causation: You must show a direct link between the breach and the individual’s death, illustrating the fatal outcome of the negligent act.
- Damages: Providing evidence of measurable losses caused by the death, including lost financial support, funeral costs, and other related expenses
Compensation Available in Successful Types
New Jersey allows families to recover different kinds of money damages. The amount depends on the case facts and how the death impacts the family.
Families can receive payment for the following:
- All medical costs from the time of injury until death, including hospital stays, medications, and emergency care. These costs must be linked directly to the negligence of the nursing home.
- Lost financial support the deceased would have provided, including future income, benefits, and retirement funds. Courts look at the person’s age, health, and earning history to calculate this amount.
- The family pays funeral and burial expenses. The law recognizes these as direct costs of the wrongful death.
New Jersey Statute of Limitations for Nursing Home Wrongful Death Cases
Statutes of limitations are essential to remember because they state how long you must file a lawsuit. These deadlines are key for evidence preservation and the smooth legal process of wrongful death cases.
Each state sets its own deadline for filing an unlawful death lawsuit. This timeframe usually begins from the date of the person’s passing and can range from one to several years.
To successfully familiarize yourself with these rules, you must understand how filing deadlines can differ depending on where the case is being heard and the specific circumstances involved.
Filing Eligibility for a New Jersey Wrongful Death Claim
Knowing who can file an unjust death claim is the primary step in determining the best course of action. The personal representative of the deceased’s estate is the deceased, and the claim is in New Jersey. The personal representative is often a spouse, child, or sometimes a parent or sibling, depending on their relationship with and financial dependence on the deceased. If there’s a will, the representative is usually named there; if not, the court appoints one. They will represent the estate and the surviving family members seeking justice and compensation.
Families can benefit from a lawyer’s support. They help them understand their rights and confidently guide them.
Time Limits for Filing a Claim Under New Jersey Law
Timing is everything when filing a wrongful death claim. Acting quickly helps preserve vital evidence, such as medical records, witness statements, and professional testimonies. Delaying this makes it harder to build a strong case because the evidence deteriorates.
In New Jersey, you are given two years from the date of death to file a claim.
Consequences of Missing the Deadline
Missing or delaying the two-year filing deadline has implications. When this happens, your case may be dismissed. Meaning, you could lose the opportunity to seek compensation. There are some exceptions to be reconsidered. However, they are uncommon.
This is because evidence fades, making it harder to prove the case, even if the claim is valid. Acting quickly helps protect your rights and strengthens your case. It’s also important to understand that filing promptly can impact the compensation you may receive.
Reach out to a New Jersey Nursing Home Negligence Lawyer today!
Negligence in nursing homes is a big issue affecting elderly residents in New Jersey. Families trust these facilities for their loved ones’ care. Unfortunately, not all meet that trust.
Choosing the right attorney is essential when fighting for justice for your family. Kreizer Law is deeply dedicated to personal injury and nursing home cases in New Jersey. Kreizer Law provides dedicated trial representation, supporting you every step—from gathering key evidence to advocating for you in court. If you’re dealing with nursing home neglect or wrongful death, time is of the essence. Contact them today for a free consultation and take the first step toward the justice you deserve.
