Who Can File a Lawsuit Against a Nursing Home?

When a loved one suffers neglect, abuse, or wrongful death in a nursing home, taking legal action can provide justice and financial recovery for the harm caused. But the question often arises: Who has the right to file a lawsuit against the nursing home?

Typically, the individual who has suffered abuse or neglect can file a lawsuit to seek compensation for their injuries and other damages. However, if the victim is incapacitated or otherwise unable to act on their own behalf, a legally authorized representative, such as a power of attorney or guardian, may file the claim.

In cases of wrongful death caused by nursing home negligence, the deceased’s estate representative, as specified in their will, is usually responsible for filing the lawsuit. This representative acts on behalf of the surviving family members and the estate to seek compensation for the harm caused. If no representative is appointed in the will, the court may authorize the next of kin—such as a spouse, child, or parent—to file the lawsuit.

Nursing home lawsuits aim to hold facilities accountable for neglect, abuse, or other unlawful actions that harm residents. These lawsuits can recover damages for medical expenses, emotional distress, funeral costs, and other losses resulting from the facility’s negligence.

If you believe your loved one has suffered due to nursing home negligence or abuse, 770GoodLaw is here to help. Our experienced attorneys can guide you through the legal process, ensuring that justice is served. Contact us today for a free, no-obligation case evaluation to discuss your options and take the first step toward securing the compensation your family deserves.