Wrongful Death Cases Involving Older Adult Victims

Losing an elderly loved one can be difficult. But when someone’s negligence causes you to lose a loved one, it’s tragic since the death could have been prevented. Wrongful death cases involving older adult victims are heartbreaking because they are among society’s most vulnerable groups.

If you want to file a wrongful death claim for the loss of an older loved one, contact an experienced wrongful death lawyer in your area.

Common Causes of Wrongful Death in Older Adults

Unfortunately, wrongful death cases involving older adults aren’t rare. The most common causes of wrongful death in older adults are:

• Elder abuse and elder neglect: Physical abuse and neglect can happen at home, in a hospital, or in a nursing home. It can happen at the hands of family members or health care professionals.
• Medical malpractice: This includes medical errors, misdiagnosis, delayed diagnosis, or prescribing the wrong medication or the wrong dosage.
• Car accidents: In many cases, older adults have a harder time recovering from injuries than other victims. This is the same for car accidents.

When your family loses an older adult loved one due to a wrongful death, you and your family members may take legal action to recover compensation and hold responsible parties liable for the death.

Medical Malpractice and Nursing Home Neglect

Wrongful death cases for an older adult can happen in many circumstances. Older adults often rely on caregivers or are nursing home residents.

Nursing home abuse, violence, or neglect from nursing home staff can lead to the death of older adults. Care facilities can miss issues like:

• Bedsores
• Malnutrition
• Medication errors
• Sepsis

Mistakes or lack of proper care from hospital staff members can also qualify as medical malpractice. A wrongful death lawyer can give you legal advice for deaths in hospitals, nursing facilities, or assisted living facilities.

Calculating Damages for Older Adult Victims

In many cases, an older adult’s death has limited potential for financial recovery.

Older adults are usually retired and may have limited or no remaining earning potential. So, the calculation for loss of future earnings will likely be low. Life expectancy is also a critical factor in calculating damages. Generally, older people will be entitled to less damages because they have fewer years ahead. An older adult’s children also are typically adults who no longer need financial support or significant guidance from their parents.

But that does not mean that a surviving spouse (or surviving children) cannot file a wrongful death lawsuit. Because wrongful death cases involving older adults can undervalue their lives, getting legal help in such situations is essential for getting all available compensation.

Economic Damages

Economic damages are directly related to the financial impact the death has had on the victim’s family. The monetary value of any case is highly variable. It can depend on the following:

• The financial support that the deceased contributed to the family, such as lost wages
• The amount of time the deceased was expected to continue providing support
• The financial loss for gifts or benefits heirs would have received from the deceased
• Funeral expenses and other burial costs
• Health care and medical expenses, including medical bills

Depending on the state, plaintiffs can also seek damages that the deceased could have sought had they survived. These types of claims for a decedent’s damages are known as survival actions.

Non-Economic Damages

Some losses can’t be put in monetary terms. Heirs can recover for certain non-economic damages in wrongful death cases. These include:

• Loss of companionship
• Loss of moral support
• Loss of consortium
• Pain and suffering
• Emotional distress

Some state laws cap non-economic damages. Your wrongful death lawyer will explain the damages available in your case.

Proving Wrongful Death

A wrongful death claim is a lawsuit filed against someone alleged to have caused someone else’s death through negligent or intentional acts. While state law varies, there are common general factors for what counts as a wrongful death, such as:

• Duty: There’s a duty of care to use reasonable care toward the decedent.
• Breach of duty: Another person’s act or omission to act breached that duty of care.
• Causation: The decedent’s death was a result of the breach of duty.
• Damages: The decedent’s death caused surviving family members financial damage.

Family Rights in a Wrongful Death Lawsuit

Filing a wrongful death lawsuit for a loved one’s death involves several considerations. First, you must make sure you have standing to file the lawsuit. Generally, the following people (or their personal representatives) may file a wrongful death lawsuit:

• Surviving spouse
• Children
• Other close family members (in certain jurisdictions)

A wrongful death claim also has a specific statute of limitations, or legal time limit, to file the lawsuit.

Consult With a Lawyer

Get help from an experienced wrongful death lawyer. They can explain your legal options regarding the wrongful death. Like most personal injury attorneys, wrongful death attorneys will provide a free case evaluation. The lawyer will learn more about your situation and advise you of your rights. Working with a lawyer gives you the best chance to recover the damages you deserve in a wrongful death action involving an older adult.