When a nursing home’s negligence or abuse leads to wrongful death, West Virginia law allows families to pursue justice through a wrongful death claim. At Tiano O’Dell, PLLC, we offer free consultations to discuss your case and legal options. Call (304) 720-6700 or send us a message online to arrange one today.
Why Choose Our Charleston Nursing Home Wrongful Death Lawyers
Families in Charleston turn to us for the following reasons:
- Proven results in wrongful death and nursing home neglect cases.
- In-depth knowledge of West Virginia nursing home regulations
- Compassionate representation focused on the family’s best interests
- Relentless pursuit of maximum compensation
What Constitutes Nursing Home Wrongful Death in West Virginia
A wrongful death occurs when a resident dies due to another’s wrongful act, neglect, or default. Under West Virginia Code §55-7-5, surviving family members may file a wrongful death claim against a nursing home that failed to provide adequate care. Common causes include:
- Medical neglect: Failure to provide proper medication, treatment, or monitoring
- Abuse: Physical, emotional, or sexual abuse by staff or other residents
- Falls: Unsafe environments or lack of supervision leading to fatal injuries
- Malnutrition and dehydration: Failure to meet basic dietary and hydration needs
- Infections: Untreated bedsores, sepsis, or pneumonia
- Medication errors: Incorrect dosages or failure to administer prescriptions
When preventable issues cause a resident’s death, the nursing home can be held responsible.
Compensation in a WV Nursing Home Wrongful Death Claim
The West Virginia Wrongful Death Act allows families to seek damages for both economic and non-economic losses. Potential compensation includes:
- Funeral and burial expenses
- Medical bills related to the final illness or injury
- Lost income or benefits the deceased provided to dependents
- Loss of companionship, comfort, and guidance
- Pain and suffering of the deceased before death
- Punitive damages in cases of extreme negligence or misconduct
While no amount of money can replace a loved one, financial recovery can help families find stability.
Proving Nursing Home Wrongful Death
Wrongful death claims require proof of negligence. To succeed, families must establish the four elements of negligence:
- Duty of Care: The nursing home had a legal duty to provide safe and adequate care to the resident.
- Breach of Duty: The facility or staff failed to uphold that duty, such as by ignoring medical needs, failing to supervise, or violating safety regulations.
- Causation: The breach of duty directly caused or contributed to the resident’s death.
- Damages: The death resulted in measurable losses, including medical bills, funeral expenses, and emotional suffering for surviving family members.
Each element must be supported with evidence to build a strong case for wrongful death.
Why Hire an Attorney for a Nursing Home Wrongful Death Case
Wrongful death cases against nursing homes are complex. Facilities often deny responsibility and rely on corporate legal teams to defend their actions. An experienced Charleston, WV nursing home wrongful death attorney can:
- Gather critical evidence and build a strong claim
- Navigate West Virginia wrongful death laws and filing deadlines
- Handle negotiations with nursing homes and insurers
- Pursue litigation when settlement offers are insufficient
- Protect your family from intimidation or delay tactics
- Seek the maximum compensation available under the law
An attorney ensures that your family’s voice is heard and your rights are fully protected.
Contact a Charleston, West Virginia Nursing Home Wrongful Death Lawyer
Our firm stands ready to investigate your case and fight for your family. Call (304) 720-6700 or message us online today for a free consultation.
