What type of compensation are the surviving spouse or children entitled to receive in a wrongful death suit against a nursing home?

Frequently Asked Questions

Nursing home lawyers Frederick, MD residents trust have the answers you may need to know

nursing home lawyers Frederick MDNursing home lawyers Frederick, MD residents count on know all too well that the death of a loved one can be extremely devastating, especially if unexpected or due to a wrongful act of a person or group of people. Laws very from state to state however, all states allow family members to file a lawsuit in order to recover monetary damages for the wrongful death of a loved one.

Understanding wrongful death

Wrongful death – a claim against a person who could be held liable for a death. This claim allows a lawsuit to be filed for the person who was harmed even though that person is no longer alive to file the claims.

Wrongful death claims are brought in a civil action, typically by close relatives in order to claim monetary compensations for their losses. These compensations can also cover funeral expenses, medical expenses, loss of wages, and loss of future earning capacity.

Nursing home lawyers in Frederick, MD will likely inform you that every state has their own wrongful death regulations. Some states regulate who can file a wrongful death lawsuit on behalf of the decedent while others strictly may require that the personal representative of the decedent’s estate file the lawsuit. In some cases a will can specify a particular personal representative but if it does not the court has the power to appoint one.

Other states allow often allow certain relatives of the decedent to file a wrongful death claim, resulting in them compensating the benefits from the monetary settlement of the case. Often times, these qualified relatives are the decedent’s spouse, children, parents and siblings.

Additionally, nursing home lawyers Frederick, MD will likely tell you that some states limit how a wrongful death settlement or jury award can be distributed amongst heiress. Some state indicate that a surviving spouse or children are entitled to receive a certain percentages while other states require that the settlement is distributed true to that state’s laws of intestacy.

Who Can Bring a Wrongful Death Lawsuit?

  • Alabama – personal representative
  • Alaska – personal representative
  • Arizona – surviving spouse, child, parent, or personal representative of deceased person
  • Arkansas – the decedent’s estate, surviving spouse, children, parents, or siblings
  • California – surviving spouse, domestic partner, children, stepchildren, and grandchildren
  • Colorado – in the first year surviving spouse; in the second year surviving children
  • Connecticut – executor or administrator
  • Delaware – any person related to the decedent by blood or marriage
  • District of Columbia – The personal representative must file on behalf of surviving spouse, children, parents, or siblings of the decedent
  • Florida – A personal representative on the behalf of the decedent’s surviving spouse, minor children, and parents
  • Georgia – A spouse, parent or personal representative on behalf of the decedent and any surviving children
  • Hawaii – A personal representative or anyone who was financially dependent on the decedent such as surviving spouse, surviving children or a parent
  • Idaho – decedent’s personal representative, heirs, spouse, children, stepchildren, parents, or any other dependent blood relatives
  • Illinois – personal representative
  • Indiana – personal representative
  • Iowa – An administrator of the decedent’s estate, the spouse, any children or parents of the decedent
  • Kansas – estate
  • Kentucky – personal representative
  • Louisiana – spouse, children, parents or siblings
  • Maine – personal representative
  • Maryland – Primary and secondary beneficiaries
  • Massachusetts – executor or administrator of the estate
  • Michigan – personal representative
  • Minnesota – spouse, children, parents, grandparents, or siblings
  • Mississippi – personal representative, surviving spouse, parent, child, or siblings
  • Missouri – spouse, children, or lineal descendants have priority; If these people are deceased or do not exist, a brother or sister can bring a claim
  • Montana – personal representative
  • Nebraska – personal representative
  • Nevada – personal representative, surviving spouse, children, or parents
  • New Hampshire – Any person
  • New Jersey – personal representative
  • New Mexico – personal representative
  • New York – personal representative
  • North Carolina – personal representative
  • North Dakota – spouse, children, parent, grandparent, or personal representative
  • Ohio – personal representative
  • Oklahoma – personal representative
  • Oregon – personal representative
  • Pennsylvania – personal representative
  • Rhode Island – executor or administrator of the decedent’s estate
  • South Carolina – executor or administrator of the decedent’s estate
  • South Dakota – personal representative
  • Tennessee – (in order) spouse, children, personal representative, parents, administrator of the decedent’s estate
  • Texas – spouse, children, and parents
  • Utah – heirs or personal representative
  • Vermont – personal representative
  • Virginia – spouse, children, grandchildren, parents, siblings, relatives who lived with the decedent, or anyone else entitled to inherit from the decedent’s estate
  • Washington – personal representative, spouse or children
  • West Virginia – personal representative
  • Wisconsin – personal representative or a surviving spouse, children, or parent
  • Wyoming – personal representative

Don’t suffer any more, be sure to call the attorneys at Cohen & Cohen today to receive the compensation you deserve today! At Cohen & Cohen we’d be more than happy to set you up with nursing home lawyers Frederick, MD is proud to have in its midsts.

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