One of the saddest aspects of nursing home litigation is that it often involves the death of a loved one. In these cases, it is important that families know how to file a lawsuit. On the other hand, nursing home residents sometime pass away during the litigation process. Under these circumstances, families must know how to continue the existing lawsuit. In either case, a personal representative should be appointed for the deceased nursing home resident, thereby opening the estate.
If the nursing home resident is deceased before any litigation begins then the family should consider filing a petition with the probate court to “Appoint a Guardian or Conservator” that will serve the interests of the deceased. If for some reason family conflict prevents this strategy then a relative may ask the court to appoint an administrator. If your family chooses a court appointed administrator a “Waiver of Notice and Consent” should be filed by each of the deceased’s heirs. This waiver avoids lengthy delays in the appointment process and allows the litigation to begin sooner.
If your loved one has died after his or her lawsuit was filed against the nursing home then the family should consider filing a “Petition to Appoint an Administrator.” In this case, it may be advisable to appoint a third party as the representative. Only then can the lawsuit proceed.
If your loved one has been injured in a nursing home, we encourage you to contact our Midwest nursing home abuse law firm.
Nursing home negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Midwest nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our law firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us to protect your family today.