Since those who live in group homes are generally compromised to begin with, blaming staff for the death of a resident may seem unfair. However, negligence can—and does—occur in such facilities. If your loved one resided in a group home before passing, and you think the staff's actions—or lack thereof—had something to do with it, here's what you should know about proceeding with a wrongful death action. 

What Constitutes Wrongful Death?

Tort law considers a death to be wrongful if it could have been prevented had one or more parties taken reasonable measures. Wrongful death claims are often founded on negligence, medical malpractice, or intentional misconduct. 

When it comes to group home residents, a death might be considered wrongful if the deceased was neglected or abused by the staff. They might not have received adequate attention at mealtime, for example, and subsequently became malnourished, or they might have been physically abused. 

Who Can File a Wrongful Death Suit?

In Connecticut, a wrongful death action must be brought by the executor of the deceased's estate. This party is responsible for guiding the case through the court system and then distributing any compensation that results to the eligible beneficiaries. If the victim was never of sound enough mind to write a will in which they named an executor, a judge will assign the role to someone who is equipped to settle the estate. 

How Do You Prove a Wrongful Death Occurred?

Naturally, the strongest evidence that will contribute to your family's case will depend on the circumstances surrounding the death. Generally speaking, though, you're going to have to convince the court that the group home's staff abused the victim and that their actions were directly responsible for the victim's death. 

You may be able to do so using surveillance footage, statements from various experts, testimony from other residents or their visitors, medical records, nursing logs, photographs of any visible wounds, and the facility's standard operating procedures. 

To see if you have grounds for a wrongful death action, turn to Law Office of T.J. Morelli-Wolfe, PC. Practicing out of Norwich, this compassionate lawyer has been counseling grieving families across eastern Connecticut since 2003. He's also well-versed in family law, criminal defense, workers' compensation, and personal injury law. To learn more about his approach to helping injured parties, or their surviving loved ones, visit his website. To schedule a consultation, call (860) 859-9899.