What Is a Nursing Home Wrongful Death Case?

Lost a loved one due to nursing home abuse or neglect in Georgia or South Carolina? Our wrongful death attorneys pursue claims against negligent nursing homes, assisted living facilities, and their corporate owners.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Nursing Home Wrongful Death Claims in Georgia & South Carolina

Families trust nursing homes and assisted living facilities to provide safe, compassionate care for their elderly loved ones. When that trust is betrayed through abuse, neglect, or understaffing, the consequences can be fatal. According to the Centers for Medicare & Medicaid Services (CMS), thousands of nursing home residents suffer serious harm each year from preventable conditions including falls, infections, malnutrition, dehydration, and medication errors.

At Roden Law, our nursing home wrongful death lawyers represent families across Georgia and South Carolina who have lost loved ones due to nursing home negligence and abuse. We hold facilities and their corporate owners accountable when profit-driven decisions — such as inadequate staffing and cost-cutting on care — lead to preventable deaths.

Common Causes of Nursing Home Deaths

Preventable nursing home deaths frequently result from:

  • Falls: Inadequate fall prevention protocols, insufficient supervision, and failure to assist with mobility
  • Infections: Poor hygiene, inadequate wound care, and failure to follow infection control procedures
  • Pressure ulcers (bedsores): Failure to reposition immobile residents, leading to stage IV ulcers that become infected
  • Malnutrition and dehydration: Inadequate feeding assistance, failure to monitor nutritional intake
  • Medication errors: Wrong medications, wrong doses, failure to monitor drug interactions
  • Elopement: Residents with dementia wander away from the facility due to inadequate security
  • Physical abuse: Staff-on-resident violence, including hitting, restraint injuries, and sexual abuse
  • Choking and aspiration: Failure to follow dietary restrictions or provide adequate mealtime supervision

Our nursing home abuse lawyers handle the full range of nursing home negligence cases, and when neglect or abuse results in death, our wrongful death team pursues maximum accountability.

Georgia & South Carolina Nursing Home Wrongful Death Law

Nursing home wrongful death claims are brought under the state wrongful death statutes — Georgia’s O.C.G.A. § 51-4-1 et seq. and South Carolina’s S.C. Code § 15-51-10 et seq. These claims may also involve violations of state nursing home regulations and federal requirements for facilities that participate in Medicare and Medicaid.

Georgia’s Disabled Adults and Elder Persons Protection Act provides additional remedies for abuse and neglect of vulnerable adults, and evidence from Adult Protective Services (APS) investigations and CMS survey deficiencies can strengthen a wrongful death claim.

Understaffing as a Root Cause

Many nursing home deaths can be traced to chronic understaffing. When facilities do not employ enough nurses and certified nursing assistants (CNAs) to provide adequate care, residents suffer. Studies consistently show a direct correlation between nurse-to-patient ratios and resident outcomes. CMS staffing data is publicly available through the Medicare Care Compare tool, and our attorneys use this data to demonstrate that a facility’s staffing fell below safe levels.

Damages in Nursing Home Wrongful Death Cases

Families may recover compensation for the full value of the deceased’s life, pre-death pain and suffering (which can be substantial in cases involving prolonged neglect), medical expenses, funeral costs, and loss of companionship. In cases involving willful neglect or abuse, punitive damages may be available to punish the facility and deter future misconduct. Contact Roden Law for a free consultation.

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What to Do After A nursing home wrongful death

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Nursing Home Wrongful Death Case

To win a personal injury case involving a nursing home wrongful death, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Nursing Home Wrongful Death Cases

Victims of a nursing home wrongful death injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Nursing Home Wrongful Death Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Nursing Home Wrongful Death Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Nursing Home Wrongful Death Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.