What challenges could I face when suing a nursing home for wrongful death?
When you received the call that your mother passed away in the nursing home where she resided in Austin, you automatically became suspicious. You had a bad feeling that perhaps the staff wasn’t taking care of your mother properly, and now that feeling is even stronger. You believe the nursing home was responsible for the death of your loved one.
Possible Obstacles When Suing a Nursing Home
The good news is you may be able to sue the nursing home for wrongful death. The bad news, however, is that you’ll likely face many challenges in your pursuit. The following are a few examples:
- A large team of defense attorneys. Nursing homes pay high insurance premiums each year, and when lawsuits are filed against them, the companies supply them with armies of defense attorneys. As a result, the attorneys will come after the plaintiff with a variety of defenses. Unless you have an experienced lawyer on your side fighting against them, there’s a good chance you won’t have the legal expertise to win your case.
- Statute of limitations. The statute of limitations is the time period in which you are able to file a lawsuit for wrongful death. In Texas the statute of limitations is two years. If you fail to file a claim within that time period, you lose your right to file a claim, even if you only miss it by one day.
- Paperwork and other defense tactics. When a claim is made against a nursing home, one of the defense tactics used is to bury the plaintiff’s attorney in paperwork. The legal team will also try to hide the truth by misplacing medical records and other types of tricks.
Don’t Attempt to Fight Alone
Going after a nursing home and its insurance company without the help of an attorney is a mistake. A lawyer can subpoena facility and patient medical records, take depositions, and perform other actions that can help uncover the truth—increasing your chances of winning your case. The legal team of Wayne Wright LLP may be able to help you. Contact us today by calling 210-888-8888 to schedule your consultation to speak with a lawyer about your situation.