Does filing a wrongful death claim mean going public?
Not necessarily. Many wrongful death claims are resolved through private settlement negotiations. Whether a case becomes public depends on whether it goes to trial, the terms of any settlement agreement, and other situation-specific factors. An attorney can explain what to expect at each stage to your family.
How long does a wrongful death claim against an assisted living facility typically take?
Every case is different. Some cases are resolved through negotiated settlements within months of filing. Others proceed to trial and take considerably longer. The timeline depends on the complexity of the medical and regulatory issues involved, the facility’s insurer’s willingness to engage in good faith, and the amount of investigation required.
What if other residents were also harmed by the same facility?
This is something you should tell an attorney about. A pattern of harm affecting multiple residents can significantly strengthen a case and may indicate systemic failures rather than isolated incidents. In some cases, multiple claims against the same facility can be handled together.
Can we still file a claim if we signed an arbitration agreement when our loved one moved in?
Possibly. While arbitration agreements in assisted living contracts are common, they are not always enforceable. This is particularly true when the agreement was signed under pressure, was not clearly explained, or contains provisions that violate South Carolina law. An attorney can review your specific agreement and advise your family on how it affects your options.
What if the death certificate lists natural causes?
A death certificate only reflects the immediate medical cause of death, not the chain of events that led to it. Many wrongful death cases involving assisted living facilities start with a death certificate listing cardiac arrest, respiratory failure, or sepsis as the cause of death. These conditions can result directly from negligence. An attorney can […]