Authorities recently reported that a Kanawha County man representing his father's estate filed a wrongful death lawsuit against Emeritus Corporation and its administrator, citing negligence. The suit was filed on July 30 in Kanawha Circuit Court. The Emeritus Corporation does business as Emeritus at Charleston Gardens, which is the nursing home where the Kanawha County man's father lived immediately prior to his death.
According to the suit, the man's father suffered a May 2012 fall resulting in a subdural hematoma with midline shift. This injury along with physical abuse the man's father received from other residents at the assisted living facility contributed to his death on May 31, 2012, the suit alleges.
The Kanawha County man accuses the parties named as defendants in the suit of negligent hiring practices. Moreover, the suit claims that the defendants demonstrated actionable nursing home negligence in their retention, training and supervising policies. It was not immediately clear how much the Kanawha County man is seeking in damages.
As this case exemplifies, certain family members of people who die may pursue civil action if they suspect that another party's negligence contributed to their loved one's death. In order to prevail in such a lawsuit, claimants must prove to a civil court that the parties named as defendants should be held liable for the wrongful death of their loved one, citing the defendants' actionable behavior.
If successful, the bereaved family members may receive compensation for the pecuniary damages they suffered in connection with the death of their loved one. These damages may include funeral bills, burial costs and estate administration expenses. Moreover, claimants may be awarded restitution for lost earnings related to the decedent.
Source: The West Virginia Record, "Man says father's nursing home injuries led to death", Annie Cosby, September 12, 2014