Can I Sue a Nursing Home for Giving My Loved One COVID-19?
It takes a lot of trust to put a loved one in the care of a nursing home, and having that trust taken advantage of is one of the most painful things you can experience. Unfortunately, this scenario is not uncommon in nursing homes in the United States.
Whether it is negligence, carelessness, or even sometimes abuse, nursing homes can fail spectacularly to ensure the safety and well-being of your loved one. Sadly, in the era of COVID-19, many nursing homes have failed to maintain their end of the deal, causing thousands of innocent people in their care to get sick or die.
What can I do if a Nursing Home is Responsible for the Death of a Loved One?
Luckily, in the Garden State, there are legal avenues to be compensated for your loss. However, sometimes it can be difficult to do this for a number of reasons.
First of all, New Jersey’s statute of limitations contains a lot of exceptions for nursing home negligence cases that depend on the circumstances around your case. This is something you have to go through with your attorney in order to properly file your lawsuit. Not abiding by the statute of limitation’s requirement may mean you lose your ability to sue forever, which you obviously need to avoid.
The statute of limitations also stipulates that you must file the lawsuit within two years of the death of your loved one.
How do I prove the nursing home’s responsibility behind the death of my loved one?
There are two main types of lawsuits you can file against a nursing home:
For cases involving COVID-19, negligence will usually be the correct grounds for your suit.
After creating your lawsuit (in accordance to the statute of limitations), your next step is to provide evidence. This evidence should prove that the nursing home is directly responsible for your loved one contracting COVID-19. Evidence is one of the most important parts of your case.
You will need to gather the following evidence with your attorney:
- Contract details, invoices and other records with your nursing home
- Your loved one’s full medical records
- All records from the nursing home detailing their protocols for preventing the spread of COVID-19
- Testimonies from other members of the nursing home detailing their experience in regards to anti-covid-19 measures taken by the facility.
Are You Looking for Compensation Following a COVID-19 Death of a Loved One in a Nursing Home?
If you have experienced a loss of a loved one because of negligence in a nursing home, it is important not to hesitate. The statute of limitations can provide extensions in specific cases, but in general, you must file your lawsuit within the next two years.
Gathering all the evidence you need can take time, so act fast. Contact Giro, LLP, Attorneys At Law now. We will get you the compensation you need.