Aging individuals who live in nursing homes should be able to spend their time peacefully enjoying their older years and trusting the facility staff to properly care for them. Unfortunately, many residents in nursing home facilities are not given this level of care. Serious injuries can occur when facility staff fails to uphold the duty of care patients are entitled to, and some nursing home negligence leads to fatal consequences for aging residents.  

If your loved one suffered a fatal injury due to the nursing home staff’s negligent or reckless behavior, their death may be considered a nursing home wrongful death in Connecticut. The attorneys at D’Amico & Pettinicchi, LLC, have been helping clients navigate wrongful death claims for over 100 combined years. We handle all aspects of the legal process so you can grieve your loss and focus on emotional recovery. Contact us to schedule a free consultation with one of our nursing home abuse and wrongful death attorneys.  

What are Connecticut’s Wrongful Death Laws?

Connecticut’s state law outlines the legal actions available for injuries resulting in death. Statute Section 52-555 says that an estate executor or administrator may bring legal action for injuries resulting in the death of their decedent. Generally, if the deceased nursing home resident would have had grounds for filing a personal injury claim had they survived the accident, then filing a wrongful death claim on their behalf may be an option.  

In most cases, you only have two years from the date of death to file a wrongful death claim. This deadline is known as the statute of limitations. There are exceptions to this time limit, which is one reason why having experienced legal counsel is beneficial. The attorneys at D’Amico & Pettinicchi, LLC, will keep track of all the due dates in your wrongful death or nursing home abuse case so you can rest assured that no deadline will be missed.  

What Damages are Available for a Nursing Home Abuse Wrongful Death Case?

Compensatory damages are awarded in successful wrongful death claims, and these damages consist of financial compensation for various types of losses. Damages are awarded to the deceased individual’s estate and can include: 

  • Funeral expenses 
  • Burial costs 
  • Medical costs related to the fatal injury 
  • Wages lost by the deceased 
  • Conscious pain and suffering before death; and 
  • Loss of enjoyment of life, in essence, loss of the gift of life. 
  • If there is a surviving spouse, then the spouse has a separate claim for loss of consortium. In essence , loss of the relationship. 

How Does Wrongful Death Occur in Connecticut Nursing Homes?

Asking how and why a loved one’s wrongful death occurred is understandable and a standard part of the grief process. While no answer to these questions will ease the pain family members feel about losing a beloved elderly relative, knowing the cause and the circumstances can help with a wrongful death claim.  

Some examples of common scenarios in which a nursing home’s negligence can lead to resident death include: 

  • Falls caused by insufficient supervision and preventive measures 
  • Malnutrition and dehydration 
  • Prescription and over-the-counter medication errors 
  • Bedsores and complications from bedsores 
  • Delay in diagnosing underlying conditions 
  • Providing the wrong consistency diet leading to choking 
  • Urinary tract infections 

The aging population is especially susceptible to injuries and complications from everyday scenarios, such as difficulty swallowing due to dysphagia and minor infections that worsen quickly.  

Contact a Connecticut Nursing Home Abuse Wrongful Death Lawyer for Guidance

The attorneys at D’Amico & Pettinicchi, LLC, are dedicated to ensuring grieving families are given the best opportunity to see negligent nursing homes held accountable for the harm they’ve caused. If your loved one suffered a fatal accident in their nursing home, contact us to discuss whether a wrongful death claim may be an option. Schedule a free consultation with one of our nursing home abuse and wrongful death lawyers today.