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Kansas City Nursing Home Wrongful Death Attorneys
Wrongful Death Caused by Nursing Home Abuse & Neglect
There is nothing more tragic than the sudden loss of a loved one. If your elderly family member passed away while in the care of a nursing home or similar assisted living facility, you may wonder whether everything was done to ensure your loved one’s health and safety. In fact, nursing homes often fail to properly care for residents, which can lead to severe injury, illness, or even wrongful death.
At the Law Office of Tom Wagstaff Jr., we fight to hold negligent nursing homes and caregivers accountable and seek justice on behalf of families that have suffered unimaginable losses. Our Kansas City wrongful death attorneys are here to help you navigate the legal process, all while providing the compassionate and personalized representation you need.
Call (816) 597-4556 or contact us online today to request a complimentary consultation with a member of our team.
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.
- 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, infection, and death.
- 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 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.
How Our Wrongful Death Lawyers Can Help
At the Law Office of Tom Wagstaff Jr., we know that no amount of financial recovery can ever make up for the immense loss you have suffered. However, by filing a wrongful death lawsuit, you can work to obtain justice and ensure that the responsible parties are held accountable. A successful claim will also allow you to recover the monetary resources you need to manage unexpected expenses—such as medical care costs and financial losses—so that you and your family can heal.
Our Kansas City nursing home wrongful death lawyers can help you during this difficult time. We provide highly personalized legal representation, as well as compassionate, one-on-one counsel throughout the legal process. We are prepared to fight for your rights and the justice your loved one deserves.
Learn more; call (816) 597-4556 or contact us online to schedule a free initial consultation.
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