Did your relative or family member pass away due to abuse they endured in their nursing home or assisted living facility? Do you suspect that negligence or abuse was the cause of their death? If so, you may be ready to take action against those responsible.
In civil claims, the burden of proof is different that of criminal court. Most people understand that in criminal court, a prosecutor only obtains a conviction if they prove the defendant’s guilt beyond a reasonable doubt.
However, in a wrongful death claim for nursing home abuse, your case is a civil matter. Here, the burden of proof is based on a preponderance of the evidence. Meeting the burden of proof in cases of this nature can be challenging due, in part, to the fact that evidence can be difficult to come by.
Witnesses may have concerns about retaliation if they report the abuse they experienced or witnessed, and physical or forensic evidence may have already been disposed of by nursing home staff and administrators.
To prove liability, your attorney must prove the following elements of negligence:
Nursing home neglect and abuse manifest in many ways. Signs that your loved one may have passed away due to nursing home abuse or neglect include:
You must document any potential signs of abuse or neglect if possible. Take photos of your family member’s injuries or other signs of their death. You should also take a video of their injuries, the victim’s nursing home room, and any additional footage that can demonstrate the decedent’s wrongful death.
Obtain the contact information of any witnesses who may have information regarding the nursing home facility or staff’s role in your loved one’s passing. Your attorney will contact the decedent’s healthcare providers to obtain medical documentation of their injuries and the cause of death.
Any communication exchanges between the decedent, your family, and the nursing home facility could also be used in your civil lawsuit against the liable parties.
A nursing home wrongful death attorney helps your family get justice for your relative’s passing. Here are some benefits of hiring an elder abuse lawyer for your wrongful death lawsuit:
Multiple parties could be held liable for your loved one’s death, including:
Do you suspect a senior living facility or nursing home is responsible for causing your family member’s death? If neglect or abuse caused your loved one’s passing, you could make the liable party pay.
Reach out to an Alabama nursing home abuse lawyer to conduct a thorough investigation into your family member’s passing.
Contact Belt & Bruner, PC, for a no-cost, risk-free consultation. You can reach us by phone at (205) 933-1500 or through our quick contact form to start working on your case.