Kansas City Nursing Home Wrongful Death Attorneys

What Is Wrongful Death? 

“Wrongful death” is defined as the death of a person resulting from negligent acts or omissions, wrongful conduct (including illegal acts), or default. Essentially, if the individual who passed away would have been able to file a personal injury lawsuit had they lived, their death is considered “wrongful.” 

Wrongful death claims often arise from the following: 

• Negligence-based accidents/incidents 
• Wrongful or intentional conduct 
• Medical malpractice 

When nursing home abuse or neglect leads to resident death, surviving family members have the right to take legal action and seek restitution. 

How Wrongful Death Occurs in Nursing Homes 

In certain cases, severe nursing home abuse or neglect can lead to fatal injuries, illnesses, and infections. 

Examples include: 

• Falls: Falls are one of the most common causes of preventable death in nursing homes. They often occur as a result of neglect, including unsupervised care, poor property maintenance, and unsafe conditions. Serious falls in nursing homes can lead to traumatic brain injuries and death. 
• Lack of Medical Care: Failure to diagnose or treat medical conditions among residents is another common cause of nursing home deaths. This includes potentially life-threatening conditions, such as pneumonia, sepsis, COVID-19, and other infections.
• Neglect: When nursing homes fail to provide for residents’ basic needs, residents can suffer fatal consequences. General neglect may lead to life-threatening dehydration, malnutrition, and an increased risk of falling or choking.
• Abuse: Various forms of abuse, including extreme physical abuse, can lead to fatalities in nursing homes and other long-term care facilities. Abuse may result in serious injuries, such as traumatic brain injuries, spinal cord injuries, and more. 

If you believe that the nursing home where your loved one lived was negligent or otherwise failed to ensure your loved one’s health and safety, reach out to the Law Office of Tom Wagstaff Jr. today to learn how we can help. 

Who Can File a Nursing Home Wrongful Death Lawsuit?

Different states have different laws regarding who can file a wrongful death lawsuit: 

• Kansas: In Kansas, the deceased’s “heirs at law” may file a wrongful death lawsuit. This typically includes the surviving spouse, children, parents, grandparents, or siblings. 
• Missouri: In Missouri, the surviving spouse, children, and parents are granted first priority when it comes to filing a wrongful death lawsuit. If the children are deceased, their descendants may file a claim. If no one from this first group survives, the deceased’s siblings or siblings’ descendants may bring a wrongful death action.

Our Kansas City wrongful death attorneys can review your case and determine whether you are eligible to file a lawsuit. Get in touch with us today to schedule a complimentary consultation.

How Long Do You Have to File a Wrongful Death Lawsuit?

Each state also has strict rules regarding when a wrongful death lawsuit must be filed. In Kansas, you have two years from the date of death to file your claim in court. In Missouri, the statute of limitations on wrongful death lawsuits is three years from the date of death.

In either case, there are very few exceptions to these statutes of limitations. In most cases, if you wait too long to file your lawsuit, you will lose your right to seek compensation for your damages.