Who Can File a Nursing Home Wrongful Death Lawsuit in Illinois?

It’s never easy when someone you loved dies without notice. But it can feel like a sucker punch when neglect is the cause. Preventable deaths continue happening in nursing homes. Liable parties must be held responsible.

Going up against a nursing home is no easy task. Huge corporations frequently own nursing homes. Extensive legal teams are on retainer. These high-powered lawyers play hardball.

Meeting with a qualified attorney is your best course of action. Lawyers at our firm are well versed in nursing home neglect lingo. We know the ins and outs of the Illinois Nursing Home Care Act, Illinois Survival Act, and Illinois Wrongful Death Act. Let us be your guide.

There are a few steps that get your case up and running.

1. Scouting Out the Situation. Initial investigating is key. Without all the details, the case has no chance of success. Attorneys need to go through photos, video footage, medical records, and related documentation. A proper paper trail must be found so wrongful death can be proven.
2. Maintaining the Hustle. Once enough evidence lays out a clear-cut case, lawsuit preparations begin. Lawyers log many hours during this time. No detail can be overlooked. Deadlines loom. The at-fault party is notified you plan to sue. Documents are exchanged.
3. Pursuing a Resolution. Lawyers may schedule arbitration or mediation. A settlement is possible. If no agreement is reached, the lawsuit can continue as planned. Your case can be tried in court.

There aren’t set sums. Individual claims are reviewed. Damages are awarded on a case-by-case basis. Estimating how much you could clear based on past settlements awarded is near impossible. Factors that may come into play include:

• Case Type. Nursing home cases that end in a wrongful death are more likely to settle at higher dollar amounts than those where victims recovered.
• Decedent’s Info. How old was the decedent? What was the overall health of the victim? Was the decedent enjoying a good quality of life before the incident? Settlements can be smaller when victims were extremely old with gloomy prospects.
• Evidence. Sadly, it doesn’t matter what happened. It matters what can be proved. The amount of evidence can make or break your case.
• Expenses Caused by Incident and Death. Next of kin should not have out-of-pocket expenses because a loved one died.
• Facility’s Insurance. Nursing Homes in Illinois aren’t required to carry liability insurance – at all! This concept spells T-R-O-U-B-L-E. The facility may have no way of compensating you when the unthinkable happens.
• Facility’s Past. When a facility was repeatedly warned about activities related to your loved one’s death, there could be more money at stake. Especially if the facility did nothing to prevent the incident when problems were known.
• Type of Negligence. Gross negligence looks much worse than a simple oversight. A staff member forgetting to lock a door one night in a dementia ward is one thing. A history of doors left open on purpose because staff members were lazy is another.

Again, there’s no hard and fast rule. The amount of time needed varies with every case. Some cases can be settled in 18 months. Lawsuits that go to trial could last for years.

You need an attorney who can go the distance. If your lawsuit goes to court, will your lawyer have the resources to keep fighting until a resolution is reached?

You generally have two years to file these types of claims in Illinois. The financial exploitation of an elderly person may differ. Some of these cases have a statute of limitations of up to seven years. Waste no time in meeting with a lawyer for the best results.