Wrongful Death Claim Against a Nursing Home in El Paso
Life in an El Paso nursing home should be a peaceful experience. After decades of working and caring for a family, the nursing home should be a place where people take care of our loved ones in the moments we can’t be there to do it ourselves. Unfortunately, this is not always the case. Many people in nursing homes experience negligence and abuse, which can lead to severe injury or even death. If your loved one died under suspicious circumstances in a nursing home, you need a Texas wrongful death lawyer who can fight for you and your family.
At Carabin Shaw, we’ve seen nursing home wrongful deaths too many times, but our experience means we can fight aggressively on behalf of your family. No money can ever fix a wrongful death claim Texas, but proper compensation can help alleviate the financial stresses that come along with it. If a loved one has passed away at the negligent hands of a nursing home, it is time to file a wrongful death claim against a nursing home in El Paso.Filing a Wrongful Death Lawsuit
Wrongful death is when a person dies because of the conduct of another individual or agency. In the nursing home environment, this applies when staff members do not provide adequate care or the facility’s procedures lead to gross negligence that causes harm. If this has happened to a loved one, you should file a wrongful death nursing home lawsuit. To make your case, you and your lawyer will look to demonstrate the following key legal elements:
- Duty of Care: You must show that the party or parties accused in the lawsuit had the responsibility to care for the injured person.
- Breach of Duty:The next step is to prove their duty was unfulfilled.
- Causation:Showing the relationship between the breach of duty and the injury or death of the party is critical. An experienced wrongful death attorney in El Paso will know how to prove this.
- Damages:Damages: Lastly, you’ll need to demonstrate what losses occurred. A lawyer will go over the types of damages you could win, which include medical bills and expenses, funerary costs, pain and suffering, loss of income, and more.
Every attorney knows that presenting these four elements in court is essential to getting the compensation you are entitled. Working with an El Paso personal injury lawyer is your best option for winning in court.A Key Case Against a Nursing Home
One example of wrongful death nursing home settlements is Holder v. Beverly Enterprises Texas, Inc. In this case, 83-year-old Ruth Waites was a resident at Borger Nursing Center. While there, she was hospitalized for extreme dehydration. After returning to the nursing facility, she then developed severe bed sores that resulted in her death.
Ruth Waites’ estate filed a lawsuit, claiming not only that the gross negligence of the nursing home led to her death, but also that Borger Nursing Home committed fraud by willfully concealing that they were understaffed. Ms. Waites’ estate won the lawsuit for $83 million.
If like the Waites’ estate, you want to win compensation for the death of your loved one, get in touch with a lawyer to discuss your options.Choose an Experienced Attorney at Carabin Shaw
Nursing home wrongful death statistics show that death or serious injury occurs for 1 out of 4 nursing home residents. Reports have also found that 95% of residents have either seen abuse or have been abused themselves at a nursing home. If this has happened to a loved one, you need El Paso wrongful death attorneys at your side. Carabin Shaw has the experience that you need and the compassion that you deserve.
Get the attorney you deserve. Dial 915-779-2301 to schedule a free consultation in El Paso, or call us toll-free at 800-862-1260.