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What You Should Know About Wrongful Death Claims: A Guide for Nursing Home Families in Missouri

June 30, 2024 | Personal Injury

flowers and coffinLosing a loved one is always difficult, but when the loss is due to the negligence or misconduct of a nursing home, the pain can be even more profound. Wrongful death claims in Missouri are designed to hold responsible parties accountable when their actions or inactions lead to the death of another person. In the context of nursing homes, these claims often arise from situations involving neglect, abuse, or substandard care. By initiating a wrongful death claim, families can seek compensation for damages, including funeral costs, loss of companionship, and the emotional suffering experienced due to the untimely death of their loved one.

Understanding the specifics of wrongful death claims, such as who can file the claim, the types of damages that may be obtained, and the evidence needed to support the claim, are essential factors for building a strong case. The wrongful death lawyers of Goza & Honnold have focused knowledge of nursing home cases involving wrongful death. We can help families understand their rights, gather necessary evidence, and represent their interests in court to ensure that justice is served.

What Nursing Home Families Should Know About Wrongful Death Claims in Missouri

If your loved one passed away in a nursing home, you may wonder about the circumstances surrounding their death. The nursing home might be uncooperative or even obstructive in providing answers. So, what can you do?

If negligence or intentional wrongdoing by the nursing home or other parties led to the resident’s death, they may face liability. Seeking assistance from the Missouri wrongful death lawyers of Goza & Honnold is the essential first step in uncovering the truth about what happened to your loved one.

Our legal team helps you seek the answers you need. If a family member passed due to abuse or neglect in a Missouri nursing home, you have the right to file a wrongful death claim under Missouri law, holding the facility accountable for its actions.

How to Prove the Nursing Home Was Negligent

Proving negligence in a nursing home can be a complex process, but it is essential for holding the facility accountable for any harm caused. To establish one or more parties were negligent, the following elements must be demonstrated:

Duty of Care

Nursing homes hold a legal obligation to provide a certain standard of care to their residents. This includes ensuring their safety, meeting their medical needs, and maintaining a clean and healthy living environment.

Breach of Duty

You must show that the nursing home failed to meet the reasonable standards of care required. This could involve neglecting medical needs, failing to prevent accidents, or not addressing instances of abuse.

Causation

It is crucial to prove that the nursing home’s breach of duty directly caused harm or injury to the resident. This means establishing a clear link between the facility’s actions (or lack thereof) and the harm suffered.

Damages

Finally, you need to demonstrate that the resident suffered damages as a result of the negligence. Damages can include physical injuries, emotional distress, medical costs, and, in the case of wrongful death, funeral costs and loss of companionship.

Gathering evidence is a critical part of this process. This can include medical records, incident reports, witness statements, and expert testimony. The experienced nursing home abuse lawyers of Goza & Honnold can help you collect and present this evidence, ensuring that all aspects of negligence are thoroughly addressed in your claim.

Who Can Sue a Nursing Home for Wrongful Death in Missouri?

In Missouri, several parties may be eligible to seek a wrongful death lawsuit against a nursing home, including the following:

  • Immediate Family Members: The primary individuals who can file a wrongful death claim are spouses, children, and grandchildren.
  • Parents: If the deceased was unmarried and had no children, their parents have the right to file a wrongful death claim.
  • Siblings: If there is no surviving spouse, children, grandchildren, or parents, the deceased’s siblings or their descendants may file the claim.

Each case is different, and eligibility to sue depends on specific circumstances. Our nursing home lawyers can assist you in filing your lawsuit in Missouri courts.

How the Wrongful Death Lawyers of Goza & Honnold Can Help Your Nursing Home Accident Case

When suffering the loss of a loved one due to a nursing home’s negligence or misconduct, the wrongful death lawyers of Goza & Honnold are here to support you every step of the way. 

Here’s how our experienced legal team can assist in your nursing home accident case:

Thorough Case Evaluation

Our legal team conducts a thorough review of your case, examining all relevant details and evidence to determine the best course of action. We’ll assess the circumstances of your loved one’s death and identify potential grounds for a wrongful death claim.

Gathering Evidence

Building a strong case requires substantial evidence. Our team will gather crucial documents, such as medical records, incident reports, and witness statements. We’ll also work with medical and industry experts to establish the nursing home’s negligence.

Legal Guidance

Navigating the legal process is overwhelming, especially during a time of grief. Our attorneys will provide you with clear and compassionate guidance, explaining your rights and options. We’ll handle all legal procedures, paperwork, and communications on your behalf.

Aggressive Representation

The lawyers of Goza & Honnold will aggressively represent your interests in negotiations and, if necessary, in court. We aim to hold the responsible parties responsible and secure the maximum compensation for your losses.

Personalized Support

Every case is unique, and we treat it as such. We provide personalized attention and tailored strategies to meet the specific needs of your situation. We are committed to supporting you through this challenging time with compassion and dedication.

If you have lost a loved one in a nursing home accident, the wrongful death lawyers of Goza & Honnold are ready to help. Contact us today for a free consultation, and let us guide you in seeking the justice and compensation your family deserves.

Speak With the Wrongful Death Lawyers of Goza & Honnold Today

Losing a loved one due to nursing home negligence is a devastating experience. At Goza & Honnold, we understand the complexities and emotional toll of such cases. Our team is dedicated to helping families navigate this difficult time by providing personalized and compassionate legal support. With years of experience handling wrongful death claims, we have the knowledge and resources to build a strong case on your behalf. Our commitment to thorough investigation and aggressive representation ensures that your case receives the attention it deserves.

We strive to hold negligent parties accountable and seek the compensation you may be entitled to, including funeral expenses, emotional distress, and loss of companionship. Contact us at (913) 451-3433 or through our contact form to schedule a free consultation and learn how we can assist you in seeking justice for your loved one.