It’s a sad reality in Florida nursing home abuse cases for the person who suffered to die, whether due to frailty or age or directly because of the abuse or neglect endured. In these cases, there may be several avenues for legal action.
When a person survives nursing home abuse, it’s fairly straightforward: It’s a personal injury lawsuit. Nursing home injury cases can be a little more complex than other types of torts because they sometimes stem from some medical malpractice, which could complicate matters in terms of the statute of limitations (2 years, as opposed to the 4 allowed in personal injury cases). Further, medical malpractice cases require more evidence, as well as expert witnesses.
However, things can get a bit more complicated when the person who was victimized dies. The two primary avenues for compensation are:
- Wrongful death lawsuit;