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Retire Early
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Retirement; like your parents, but way cooler
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In 1991 Billy and Akaisha Kaderli retired at the age
of 38. Now, into their 4th decade of this
financially independent lifestyle, they invite you
to take advantage of their wisdom and experience. |
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Common
Mistakes to Avoid in Nursing Home Wrongful Death Cases
Jenifer Pederson
Losing a loved one is always painful, but when that loss happens under
suspicious or neglectful circumstances in a nursing home, the grief can quickly
turn into a quest for justice. Families who believe their relative died due to
neglect or abuse often feel overwhelmed by the legal process and unsure of what
to do next.
Wrongful death cases involving nursing homes are complex. These facilities are
often part of larger corporations with legal teams trained to limit liability.
If your case isn't handled with care and strategy, you risk walking away without
the answers or accountability you deserve.
You
should hire an attorney to
get the compensation you deserve. Before starting
your legal journey, consider the most common mistakes families make when
pursuing a wrongful death claim against a nursing home—and how to avoid them.
Mistake #1: Waiting Too Long to Take Action
Time limits matter. Every state has a statute of limitations that sets a
deadline for filing a wrongful death lawsuit. Once that window closes, your
claim could be barred forever. Many families wait too long, hoping to gather
more information or see how the nursing home responds.
Unfortunately, this delay can result in lost evidence, faded memories, and
missing records. Acting quickly also allows your attorney to interview staff
while details are still fresh and collect critical documentation before it's
altered or misplaced.
Mistake #2: Not Preserving Evidence Immediately
In
many cases, the signs of abuse or neglect disappear quickly, whether it's
physical bruising, environmental hazards, or unsanitary conditions. If possible,
take photographs of anything suspicious, including your loved one's room,
medications, medical records, or visible injuries. Request copies of care logs
and incident reports.
It's also essential to write down the names of nurses, aides, or staff who may
have interacted with your family member shortly before their death. These
details can be vital during depositions or trial preparation.
Mistake #3: Talking to Insurance Adjusters Without Legal Advice
After a wrongful death, an insurance adjuster may contact you under the guise of
expressing sympathy or offering a settlement. It's important to remember that
their job is to protect the nursing home and the insurer's bottom line.
Avoid signing anything or giving recorded statements without speaking to an
attorney first. Even seemingly harmless comments can be used against you to
devalue or deny your claim.
Mistake #4: Assuming It's Just About Medical Negligence
Many families go into wrongful death cases believing they must prove a medical
mistake, like a misdiagnosis or botched procedure. But in nursing homes,
wrongful death claims often stem from neglect: failure to monitor, malnutrition,
unsanitary conditions, falls, or lack of basic care.
Neglect is harder to spot but just as legally significant. A skilled attorney
will know what signs to look for and how to show a pattern of neglect that led
to the fatal outcome.
Mistake #5: Hiring an Inexperienced Lawyer
Wrongful death cases in nursing homes aren't just personal injury claims. They
often involve multiple parties—corporate owners, insurance companies, and
regulatory bodies—and require deep knowledge of elder care laws and medical
records.
Make sure your attorney has specific experience in nursing home litigation. The
right lawyer will know how to uncover policy violations, staffing shortages, and
hidden documentation that can shift the outcome in your favor.
Final Thoughts
A
wrongful death in a nursing home is one of the most heartbreaking experiences a
family can endure. And while no lawsuit can undo the loss, it can deliver
justice, answers, and possibly prevent another tragedy.
The
key is avoiding common missteps—delaying action, trusting insurers too soon, or
working with the wrong
legal team. Taking the right steps early on helps ensure
your voice is heard, your loved one's story is honored, and those responsible
are held accountable.
If
you suspect wrongdoing, don't wait. Your next step could change everything.
For more on
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