When a Wisconsin nursing home or assisted living facility fails to adequately protect and/or care for one of its residents, not only can the resident suffer from severe harm, but injuries can prove to be fatal in some circumstances.
For instance, Wisconsin winters can be brutally cold, which places a duty on elderly care facilities to protect their residents from the weather. In other words, if a resident is locked out of his or her unit, he or she could wander away and succumb to winter weather.
Likewise, if a resident goes missing from a facility, he or she could end up being hit by a vehicle or lost without necessary medication, food, and water. Not only can significant injuries occur, but circumstances such as these can ultimately be fatal.
Fortunately, Wisconsin law does provide a remedy for survivors of those who have passed away due to the negligence of others. Wisconsin’s wrongful death statute allows the personal representative of the deceased individual’s estate, or the individual’s surviving spouse, domestic partner, child, parent, or guardian to bring a wrongful death action against the entity or person who is responsible for the individual’s death. These persons have the ability to bring a wrongful death lawsuit if the deceased individual could have brought a personal injury lawsuit had he or she survived.
A wrongful death action is a civil lawsuit, which asks for monetary damages from the entity or person whose negligence caused the wrongful death. These damages can include funeral and burial expenses, as well as lost earnings and companionship of the deceased.
The wrongful death lawyers of Boller & Vaughan have handled countless claims of individuals who have been injured, severely and even fatally, at the hands of nursing homes and assisted living facilities. We know how devastating it can be for families to lose a loved one, and doing so only as a result of another’s wrongful actions can be even more traumatic. Help your family heal by holding those who are responsible for your loved one’s death. Call our office today to set up your free consultation.