Wrongful death litigation is meant to compensate the family of a person whose death was caused by negligence — that is, the person would not have died had another party not negligently allowed it to happen.
The law tries to assign a monetary value to the life the deceased would have enjoyed had they not suffered a wrongful death. This is a complex process that involves things like the deceased’s income, education, and future job prospects.
While this would seem to favor higher verdicts and settlement amounts for younger victims, everybody’s life has value under Texas’ personal injury law. Whether your loved one was a child or a senior citizen, you have the right to pursue compensation from the individual, business or government entity that caused their death.
Nursing homes charged with causing relative’s death
For example, a woman is pursuing a wrongful death suit on behalf of her cousin, a 79-year-old man who died in 2019. Her suit alleges a group of Waco long-term health facilities contributed to her cousin’s death by negligently allowing him to suffer a long series of injuries while in their care.
The man lived in one of the facilities off and on starting in 2012. During his last stay at the facility, starting in late 2017, he sustained several injuries associated with nursing home neglect, including pressure ulcers and infections. He received treatment for dehydration and malnutrition, and ultimately had his leg amputated above the knee.
After that, the man moved to a new nursing home, but suffered similar injuries while living there, the lawsuit alleges. The pattern repeated itself as he moved to two more facilities in January and April 2019. He continued to need medical attention for infections and pressure ulcers, commonly known as bedsores. He died of his injuries in May 2019.
Long-term care facilities and wrongful death law
Nursing homes and care facilities owe their residents a duty of due care. When they fail to provide the legally required level of care, residents suffer physically and emotionally, and may ultimately pass away. A personal injury attorney can help you understand how wrongful death litigation works, and what you should do next.