Can I File a Wrongful Death Claim if My Loved One Died From Nursing Home Neglect?

Q: Can I file a wrongful death claim if my loved one died from nursing home neglect?

Yes. Under Virginia law, a wrongful death claim may be available when nursing home abuse or neglect causes or contributes to a resident's death. Examples include fatal falls, untreated infections, severe bedsores leading to sepsis, dehydration, malnutrition, and medication errors. In Virginia, the claim must be filed by the deceased resident's personal representative on behalf of the statutory beneficiaries, rather than directly by individual family members. Wrongful death claims generally must be filed within two years of the date of death under Virginia Code Section 8.01-244. Depending on the circumstances, recoverable damages may include sorrow, mental anguish, loss of companionship, lost income and services, reasonable medical and funeral expenses, and punitive damages when legally justified. Establishing liability requires evidence that the nursing home's failure to meet the applicable standard of care caused or contributed to the death.

Yes. When abuse or neglect causes a nursing home resident's death, Virginia law allows the family to bring a wrongful death claim. These cases hold the facility accountable and can provide compensation to the resident's surviving family members. They are also time-sensitive, so it is important to act promptly.

When Neglect Becomes a Wrongful Death Case
Who Can File in Virginia
The Filing Deadline
Damages the Family May Recover
How These Cases Are Built
Talk With a Virginia Nursing Home Wrongful Death Lawyer

When Neglect Becomes a Wrongful Death Case

A wrongful death claim may arise when preventable harm — such as advanced bedsores and resulting sepsis, a fatal fall, severe dehydration or malnutrition, a medication error, or an untreated infection — leads to a resident's death. The core question is whether the facility's failure to meet the standard of care caused or contributed to the death.

Who Can File in Virginia

Under Virginia law, a wrongful death action must be brought by the personal representative of the deceased resident's estate, not directly by individual family members. Any recovery is then distributed to the statutory beneficiaries — generally the surviving spouse, children, and grandchildren, and in some situations parents or other relatives — in the order Virginia law establishes. For more detail, see our explanation of who may bring a wrongful death suit.

The Filing Deadline

A Virginia wrongful death claim generally must be filed within two years of the date of death under Virginia Code § 8.01-244. Because evidence can disappear quickly, families should not wait until the deadline approaches. Learn more about nursing home filing deadlines.

Damages the Family May Recover

The beneficiaries' sorrow, mental anguish, and loss of companionship, guidance, and care;
Lost income and services the resident would have provided;
Reasonable medical and funeral expenses; and
Punitive damages where the facility's conduct was willful or wanton — see our discussion of punitive damages in wrongful death cases.

How These Cases Are Built

Proving that neglect caused the death requires the resident's complete medical and facility records, staffing data, and often testimony from medical and life-care experts. Acting early allows your attorney to send preservation notices and secure the proof before it is lost.

Talk With a Virginia Nursing Home Wrongful Death Lawyer

The Mottley Law Firm helps grieving families pursue accountability after a preventable death. Learn about our Richmond wrongful death representation and our nursing home abuse and neglect practice, or contact us or call (804) 409-0876 for a confidential consultation.

This page provides general legal information about Virginia law and is not legal advice. Please consult an attorney about your specific situation.

Is Your Loved One Suffering from Nursing Home Neglect or Abuse in Richmond or Across Virginia?

When you suspect a loved one is being neglected or abused in a nursing home or assisted living facility, you need a Richmond nursing home abuse lawyer who will hold facilities accountable and protect vulnerable residents. At The Mottley Law Firm, we're passionate about representing families in nursing home neglect and abuse cases throughout the greater Richmond area and across Virginia, fighting for justice on behalf of elderly victims who cannot advocate for themselves.

Serving Richmond and Surrounding Communities: Our Richmond office is conveniently located to serve clients throughout the metro area, including Bon Air, Glen Allen, Short Pump, Mechanicsville, Highland Springs, Tuckahoe, Laurel, and nearby communities. We understand the local nursing homes, assisted living facilities, Virginia's elder care regulations, and the systems designed to protect residents.

Statewide Virginia Representation: No matter where you are in Virginia, our experienced team is ready to help. We handle nursing home abuse and neglect cases throughout the Commonwealth and can travel to meet with you.

Why Choose The Mottley Law Firm? Nursing home abuse and neglect cases involve physical abuse, emotional abuse, sexual abuse, financial exploitation, medication errors, bedsores, malnutrition, dehydration, falls, and inadequate staffing. We investigate facility records, interview staff and witnesses, consult medical experts, and build strong cases against negligent facilities. Our goal is to secure compensation for your loved one's suffering while forcing facilities to improve their standards of care.

Call our Richmond office: (804) 409-0876

We also have the ability to handle nursing home abuse and neglect cases across the United States with appropriate local counsel admitted in the jurisdiction.