Posts made in January 2016

Wrongful Death Attorneys Boston MA, wrongful death who represents

Who gets to bring a wrongful death case to court?

Determining the wrongful death case?

The civil court system views a wrongful death case as a type of personal injury with one big difference: The deceased can not file a lawsuit.

If you break your arm because someone hit you with their car, you can call an attorney and talk about your rights and options. If that car strike and kills you, you can’t.

So who has the legal standing to contact an attorney and bring forth a wrongful death case lawsuit?

That’s something the probate court decides, and it only does so when someone attempts to claim standing. Say the deceased person’s brother wanted to bring forth a wrongful death lawsuit. The brother’s lawyer would file in court that they wish to be the deceased’s “personal representative” and notify all heirs to the deceased, such as a spouse, other siblings, parents, etc. Those people would have a limited time to contact the probate court and say they would prefer to be the personal representative.

The probate court would hear the claims of the different people and appoint one person as the personal representative, and that personal representative would then “stand in the shoes of the deceased.” They are expected to act on the deceased’s behalf and act in good faith towards the deceased’s interests.

Suppose a person became the personal representative, filed a wrongful death claim and that claim won the judgment. The personal representative would not get to determine what happens to the money. Instead, the judgment would go into the deceased’s estate and if there was no will the government would use an existing flow chart to distribute the money, such as giving any children or spouse the money first.

Avoid Nursing Home Negligence – Check out the nursing home over the holidays

Most people know about the trick of checking the batteries in smoke detectors when they set their clocks back. Well, how about a similar idea where you check the quality of care your loved ones in nursing home facilities and care centers are receiving each year when you see them for the holidays? To avoid nursing home negligence and abuse, it’s time to check in and monitor your loved ones care.

Nursing home negligence and abuse can happen over the holidays

Some people in nursing homes are medically capable of being picked up to spend time with their families on Thanksgiving, Christmas or any other holiday they celebrate. Other people need more help and their family gets to visit them inside their assisted living community.

Nursing Home Negligence & Abuse Lawyers, Boston Massachusetts

 

Nursing home care is important to monitor to avoid nursing home negligence, abuse or death

Whatever your family’s situation is, stop in and spend some time in your elderly loved one’s home. Pay attention and look around for little clues. Are there people placed in wheelchairs and left in a corner for a few hours? Does a call button go off for 15 minutes before someone answers it? Does something just seem off? Nursing home negligence can take many forms.

You might think the staff will put on their best behavior when they know families will come by, but that’s not always the case. Family members drop by nursing homes all the time so many staff members won’t see the point of concealing something that was already out in the open.

Holidays often mean a skeleton crew is working, and when the safety of your mother, father, aunt, uncle or other elder relative is at stake, don’t you want to know what things look like in the worst-case scenario? Emergencies can happen anytime.

Don’t forget to talk to your loved one about their own experiences. Does the staff respond to requests? Are they happy there? Are their needs being met? What do they think?

One evaluation will not be enough, however. The quality of a nursing home can fall over time, so make sure you check back from time to time. The quality of care of your loved one depends on it.