Chicago Nursing Home Wrongful Death Attorney

Has your family experienced the tragedy of wrongful death in a nursing home? Find out more about your legal options and how our Chicago nursing home wrongful death lawyers can help!

Can You Sue a Nursing Home for Wrongful Death?

You can take legal action against a nursing home for wrongful death, attributing it to negligence or lack of proper care. When a resident’s death could have been prevented by following proper protocols or providing timely medical care, the facility may be held accountable. Legal proceedings can help ensure justice for your loved one and your family.

Why Is Wrongful Death in a Nursing Home Considered Negligence?

Death in a nursing home is often avoidable. It could indicate that the facility failed to provide the proper care or follow established guidelines for resident safety.

What Is the Average Stay in a Nursing Home Before Death?

The length of time most individuals spend in a nursing home before passing away averages around six months in Illinois, and nearly one-fifth of individuals die in such facilities. 

The typical duration of a nursing home stay before death may also carry legal implications. The Illinois Nursing Home Care Act ensures that a facility is held liable when elderly residents suffer life-threatening conditions resulting in injury and eventual wrongful death due to nursing home neglect and abuse.

A shorter-than-expected stay following admission could raise concerns about care quality and might serve as the basis for a wrongful death lawsuit. A nursing home abuse lawyer specializing in wrongful death can offer valuable advice to families facing such complex issues.

Examples of Nursing Home Neglect Resulting in Death

Understanding the common causes of death due to nursing home negligence and abuse is crucial for family members who suspect their loved one died wrongfully. These causes can range from inadequate medical care and unsanitary living conditions. Knowing these examples can help families evaluate whether they have a valid nursing home wrongful death claim.

Some of the most common causes of wrongful death cases involving nursing home residents include: 

• Negligence and abuse by staff
• Bedsores
• Poor supervision leading to elopement
• Unsanitary living conditions for any nursing home patients
• Lack of proper medical care 
• Inadequate nutrition and hydration
• Physical abuse leads to broken bones
• Improperly administered medications
• Falls or other accidents due to environmental hazards
• Malnourishment and dehydration

Damages That a Nursing Home Wrongful Death Lawyer Can Help You Recover

Illinois law recognizes economic and non-economic damages in wrongful death cases in nursing homes and assisted living facilities. 

Economic Damages

• Funeral costs: Memorial and burial costs, and other funeral-related matters, are considered when configuring wrongful death damages.
• Medical expenses incurred: Medical bills may be covered if they’re in connection with the wrongful death. 
• Loss of income: This includes current as well as expected wages. 
• Loss of inheritance: Damages may include expected inheritance that loved ones may have otherwise received if not for a shortened lifespan. 

Non-Economic Damages

• Emotional suffering: Suffering damages are common for grieving loved ones following a preventable loss.
• Loss of companionship: The filing party may receive recompense for the loss of love and guidance the victim provided when they were alive. 

Our Chicago nursing home abuse and neglect lawyers have medical experts to review your loved one’s medical records and adequately assess the nursing home negligence death case

Who Can Be Held Liable in Nursing Home Wrongful Death Cases?

Several parties can be held liable in wrongful death cases in nursing homes, including:

• The nursing home: Nursing facilities may be held liable when they hire or retain unqualified staff, fail to enforce safety policies, or do not maintain a safe environment for their residents.
• Nursing home staff members: Liability extends to staff members if their actions or inaction caused harm. In a wrongful death case, this may come in the form of medication errors, physical abuse, and intentional or unintentional neglect. 
• Third parties (i.e. maintenance crew): Medical professionals, maintenance workers, and various specialists may be held liable if the services they provide are in connection with the wrongful death. 
• Other residents: It’s also possible for other nursing home residents to be held liable for a wrongful death. This could include outright physical abuse or negligent behavior. 

The first step in pursuing a wrongful death claim in a nursing home is identifying the liable parties responsible for the tragedy. Knowing who is accountable is essential for building a strong case and seeking justice for your loved one. 

Nursing home wrongful death attorneys will be able to determine the liable parties once they conduct their investigations of your loved one’s preventable death scenario.

Nursing Home Wrongful Death Settlements

There is no standard amount for wrongful death compensation. Wrongful death nursing home settlements can be influenced by simple factors like the resident’s age or complex factors like the liable party’s insurance policy. Wrongful death attorneys will consider all these factors and more when it comes to negotiating a fair amount for their clients.

At Rosenfeld Injury Lawyers, LLC, we are committed to ensuring our clients receive the monetary compensation they deserve in such devastating circumstances. 

The following nursing home wrongful death settlement amounts are just a small sample demonstrating our attorneys’ relentless advocacy in fighting for our clients’ rights to recover damages.

• A settlement of $2,200,000 was awarded to a family in a nursing home abuse case involving wrongful death, where an 87-year-old man died due to life-threatening bedsores that escalated into a sepsis infection. During legal proceedings, our nursing home bed sore attorneys revealed that the long-term care staff knew about the man’s critical condition but chose not to transfer him to a hospital.
• The family of an 81-year-old woman secured a recovery amount of $1,575,000 after the staff administered her incorrect medication at a skilled nursing facility over several weeks. Despite the family raising concerns about her worsening health, the facility continued to give her the wrong medication, as confirmed by medical records.
• A wrongful death settlement of $1,000,000 was reached for the family of a man residing in an Illinois nursing home who experienced multiple falls during his stay. His final fall led to a fractured hip and a subdural hematoma, which ultimately caused his death. Our elder abuse attorneys revealed medical documentation showing the facility’s staff did not follow the man’s care plan to prevent falls.
• Our nursing home neglect attorneys negotiated an $815,000 settlement in a case where nursing home staff disregarded soft diet instructions and fed a hot dog to a man recovering from a stroke who could not chew or swallow. The man struggled for over half an hour to remove the food lodged in his throat before staff intervened. Paramedics were not called until three hours after the incident, and the man was later declared dead at the hospital. Two employees of the nursing home were terminated following the incident.

Factors That Influence the Value of a Wrongful Death Case

Many different factors play a critical role in determining the value of a wrongful death case in a nursing home setting. Understanding these elements is crucial for families considering suing a nursing home for wrongful death.

Factors that may influence the value of a nursing home lawsuit include:

• The nursing home resident’s age
• Conduct of the defendant facility and staff
• The decedent’s physical condition before their death
• Insurance coverage available

Filing a Wrongful Death Lawsuit Against Nursing Home Facilities

Negligent death cases in Illinois nursing homes generally follow similar patterns. At a global level, you must show that death was the fault of nursing home employees or the company.

In a nursing home wrongful death lawsuit process, you have the burden of proof to prove it was these errors or omissions, including the negligent care facility, that caused the wrongful death of your family member.

Nursing home negligent death settlements are obtained through the following stages:

• Pre-litigation and investigation: During this stage, your legal team will conduct research and analyze your claim as necessary. Meanwhile, they will maintain communication with the liable party or their insurance company. 
• Negotiations: Our attorneys will attempt to negotiate a fair settlement on your behalf, considering all the losses garnered due to the negligent death.
• Out-of-court settlement: If the negotiation is successful, the liable party will award the settlement amount. 

If negotiations between parties fail to reach an agreed-upon settlement, your attorney may file a lawsuit and seek wrongful death damages in court.

Who Can File a Nursing Home Wrongful Death Lawsuit?

In Illinois, whoever is the deceased person’s personal representative may file a nursing home wrongful death lawsuit. That is, whoever has legal authority to take action on behalf of the nursing home resident’s estate may do so. This person is typically the surviving spouse, the resident’s children, or persons named in the resident’s will. 

You Have Limited Time to File a Nursing Home Wrongful Death Claim

According to the Illinois Wrongful Death Act, the representing party of the nursing home resident has two years from the resident’s death to make a wrongful death claim. 

Contact a Nursing Home Wrongful Attorney Today!

At Rosenfeld Injury Lawyers, LLC, we specialize in representing families who have lost a loved one due to nursing home abuse or neglect. Our legal team can help you hold the responsible parties accountable and seek compensation for funeral costs and medical bills. We are committed to defending the rights of the elderly and their families in Illinois.

Our Chicago nursing home abuse lawyers work on wrongful death cases on a contingency fee basis, which means you only have to pay for our services if we successfully obtain financial compensation on your behalf.

Call us at (888) 424-5757 or use the contact form to set up your free case review to discuss the legal process when filing a claim or civil lawsuit after your loved one’s death.

We also serve clients from Buffalo Grove, Decatur , Springfield, Rockford  and throughout Illinois.