Chicago Wrongful Death Attorneys
Helping Families Seek Justice After the Death of a Loved one in Nursing Home Care
When you entrust a loved one into the care of a nursing home, you expect them to be treated for any ailments or complications that arise with respect and dignity. Unfortunately, residents sometimes die as a result of nursing home mistreatment, such as neglect or abuse. At Ferrell Young, LLC, our Chicago wrongful death lawyers are passionate about holding negligent nursing homes and staff responsible for failing to do their jobs and causing tragedy. If a loved one of yours passed away due to nursing home neglect and/or abuse, we will aggressively pursue compensation and justice on behalf of you and your family.
Contact our experienced legal team for the comprehensive and personalized representation you and your family deserve. We offer free, confidential consultations at no obligation. Se habla Español.
What Is Wrongful Death?
Whenever a person's death is caused by another party's “wrongful act, neglect, or default,” the surviving family members of the deceased can file a lawsuit against the person or entity responsible for their loved one’s death.
In the state of Illinois, wrongful death claims can only be filed by the “executor” (also known as a personal representative) of the deceased’s estate. If the decedent died without appointing an executor themselves, the court will appoint a close family member or another qualified individual to represent them instead.
What Causes Wrongful Death in Nursing Homes?
When an elderly person dies in an elder care facility, they may have succumbed to an illness or old age. However, nursing home patients are owed a duty of care by their caretakers and must be monitored, treated, fed, and have their daily needs otherwise provided for. If you know or believe your loved one’s death was caused due to nursing home negligence or carelessness rather than natural causes, contact a local wrongful death attorney to discuss your legal options as soon as possible.
Nursing home wrongful death may be caused by one or more of the following:
- Abuse (sexual, physical, etc.)
- Choking on food
- Clogged breathing tubes
- Defective medical equipment
- Dehydration
- Falls
- Infection and sepsis
- Lack of proper staff on site
- Malnutrition
- Medication errors
- Neglect
Filing a Wrongful Death Claim in Illinois
No matter their age or condition, individuals entrusted to the care of a nursing home have rights. Elder rights include the right to live free from mistreatment of any kind, to make their own choices, and to retain as much of their independence as is possible. Additionally, the Illinois Human Rights Act prohibits discrimination of many kinds, including age-based discrimination for individuals 40 and up. When these rights are violated and leads to wrongful death, the surviving family members (via an executor) can hold any at fault parties legally accountable in a court of law for losses (also known as damages).
Damages may include compensation for:
- Funeral and burial expenses
- Medical expenses
- Grief, sorrow, and mental suffering by surviving spouse and/or next of kin
The statute of limitations for filing a wrongful death claim in Illinois is two years from the date of death.
The sooner you file a wrongful death claim, the sooner you and your family will receive the compensation you need to financially recover from your loved one’s passing. It is also much easier to collect and preserve evidence and hold the at fault party accountable if you file a claim right away. However, taking legal action is often the last thing on people’s minds after losing someone close. At Ferrell Young, LLC, we will be here whenever you are ready to learn about your legal rights and options.
Call (312) 698-9089 or contact us online to discuss your claim with a member of our compassionate and experienced legal team. Se habla Español.
