What if the abused elder dies before the lawsuit can be prosecuted?
The elder=s surviving family has the right to bring a lawsuit that embodies two separate legal rights: First, there is the “survival cause of action”.In this part of the lawsuit, the family really stands in their deceased abused elder=s shoes and recovers for the individual=s own loss of life. This part of the lawsuit includes recovery for the deceased elder=s pain and suffering. In a survival cause of action, the general damages for the elder=s pain and suffering are limited to a total of $250,000.00. However, if the jury believes that the nursing home was reckless in caring for the elder, the family may also be able to recover additional punitive damages, as well as attorney=s fees and court costs. This may potentially add several more hundreds of thousands of dollars or more to the potential judgment.. Second, in addition to a survival lawsuit, the family also has the right to bring a “wrongful death action”.This action seeks recovery for each of the family member=s loss of their re
