The following people can bring an action for elder abuse arising out of a claim for nursing home abuse or neglect.
- The person that is the victim of the abuse
- If the person is dead, ten their estate or successors in interest in a survival action (a lawsuit brought on behalf of a person that has passed away).
- The person’s heirs (surviving family members) as specified by statute in a wrongful death action.
- The person’s family members if they witnessed the abuse.
- A conservator or guardian of the person if they are incompetent (legally unable to make decisions for themselves).
The surviving spouse of the person can also bring their own lawsuit for loss of consortium damages. That includes damages for the loss of comfort and care of the injured person.
If you have questions about nursing home abuse or neglect contact my office. I focus on nursing home abuse and neglect cases. I can answer your questions during a free, no pressure, confidential case evaluation. Contact me now.