If a loved one has passed away while living in a Wisconsin nursing home, you will want to speak with a lawyer about your family’s right to file a nursing home wrongful death claim. While many residents’ deaths are purely attributable to natural causes, an alarming number of deaths in nursing homes are due to negligence or abuse. In these cases, families can—and should—seek to hold the nursing home accountable, and this involves filing a wrongful death claim under Wisconsin law.
When pursuing wrongful death claims, eligible family members can seek damages for their economic and non-economic losses. Punitive damages are also available in some cases (technically, punitive damages are available in “survival actions” rather than wrongful death claims, but these two types of claims often go hand-in-hand). Here is a look at how these damages are calculated in nursing home wrongful death settlements:
Economic and non-economic damages are intended to compensate eligible family members for their losses resulting from their loved one’s untimely passing as well as their loved one’s losses prior to death. Economic damages in nursing home wrongful death claims cover losses such as medical bills, funeral expenses, and other out-of-pocket costs, while non-economic damages cover losses such as:
If your loved one was earning an income at the time of his or her death, your family’s claim can—and should—include economic damages for the loss of his or her income as well.
Calculating economic damages in wrongful death cases is generally a two-step process. The first step is to add up the resident’s and family’s financial losses to date. The second step is to assess any future losses (i.e., any loss of income) resulting from the resident’s unexpected passing. Since grieving families generally only get one chance to settle, it is essential to ensure that you consider all relevant losses when calculating the financial costs of your loved one’s untimely death.
Calculating non-economic damages in a nursing home wrongful death lawsuit is less straightforward. To determine how much your family is entitled to recover for the non-economic damages listed above, your family’s lawyer will assess factors such as:
While it can be emotionally difficult to place a dollar value on losing a loved one too soon, this is a necessary—and important—part of the nursing home wrongful death settlement process. At Boller & Vaughan, we are sensitive to our clients’ circumstances, and we take a caring and compassionate approach focused on ensuring both dignity and justice.
To be clear, while many nursing home wrongful death claims result in settlements, a settlement is not guaranteed. Asserting your family’s legal rights effectively requires experienced legal representation. If you have questions about holding a nursing home accountable for a loved one’s death, we encourage you to contact us promptly for more information.
At Boller & Vaughan, our experienced attorneys provide exceptional legal representation for grieving families across Wisconsin. If you have lost a loved one in a Wisconsin nursing home and have any reason to suspect that negligence or abuse may have been a factor in your loved one’s death, we can help explain everything you need to know.
Contact Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. Our nursing home wrongful death lawyers proudly serve clients in Madison and throughout Wisconsin.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
