When loved ones move into an assisted living facility, we trust that they will get the care they need while still maintaining a sense of independence. Abuse or neglect at a facility can lead to a fatal illness or injury, however, and one way to hold negligent parties accountable is to file a wrongful death lawsuit.
The attorneys at Kurle Justus, LLC have helped many families in Georgia who have experienced this type of loss. Taking legal action can’t bring your loved one back, but it can help you get justice. Our compassionate and caring legal team knows how to handle these complicated cases and are ready to help.
There are many questions that people have when considering taking legal action for a wrongful death at an assisted living facility.
Who can file an assisted living wrongful death lawsuit?
Under Georgia law, only the person’s spouse and children or a legal representative of the person’s estate are able to take legal action for a wrongful death.
How long do I have to take legal action?
In Georgia, the statute of limitations for filing a wrongful death lawsuit is two years from the date of a loved one’s death. That sound like plenty of time, but the longer you wait, the more difficult it will be to recover compensation. Over time, valuable evidence can be lost or destroyed and the memories of witnesses can fade.
What kind of damages can I recover?
You may be able to recover compensation for medical expenses related to your loved one’s illness or injury, funeral and burial expenses and other damages, including pain and suffering.
What can I expect from a lawsuit?
You can expect the assisted living facility to deny doing anything wrong. This means you must prove that their negligence led to your loved one’s death. That can be difficult, as assisted living facilities have been known to hide and even destroy evidence. They may even claim that your loved one was somehow responsible for what happened.
Another thing you can expect is for the facility’s insurance company to fight back against your lawsuit. They know there’s a lot of money at stake.
How can an attorney help?
An experienced lawyer can guide you through the legal process every step of the way. Our firm can conduct an independent investigation to get the facts. This includes reviewing medical records, asking for inspector reports and interviewing witnesses. We often consult medical experts who can help us determine if a facility was negligent.
Our firm also deals directly with the facility and their insurance company on your behalf. We can negotiate a settlement that meets your needs. If the insurance company won’t settle, we can fight for you in court.
If you lost a loved one due to negligence at an assisted living facility in Georgia, it’s important to get trusted legal advice as soon as possible. Contact us to schedule a free case evaluation. We can go over what happened, explain your legal options and answer any questions you have.