Nursing Home Wrongful Death Attorney Orland Park IL

Losing a loved one due to nursing home neglect or abuse is never easy. It can lead to complex feelings of grief, frustration and confusion for families trying to deal with emotional trauma. Legal issues may also arise, adding to difficulties. Michael J. Brennan’s Injury & Accidents Attorneys understands the challenges families face at this difficult time, and is committed to helping them get the justice and compensation they deserve. This article addresses common misconceptions about wrongful death in nursing homes and provides guidance for those seeking legal help.

What Is Nursing Home Wrongful Death?

A wrongful death in a nursing home is a situation where the resident’s death is caused by neglect, abuse, or misconduct on the part of staff or the facility. This is different from deaths that occur due to natural causes. In these cases, the facility fails to provide necessary care or is negligent in its duties.

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Common causes of such deaths include:

Untreated infections
Medication errors
Lack of supervision leading to falls
Physical or emotional abuse

Signs of Neglect or Abuse Leading to Wrongful Death

There are several indicators that may suggest neglect or abuse in a nursing home. Changes in a resident’s behavior, such as isolation, fear, or depression, could be signs of neglect.

Additionally, a lack of proper documentation or delayed reporting of incidents could indicate that the facility is not providing adequate care. If you observe any of these symptoms, it is crucial to seek legal assistance immediately to determine if neglect or abuse could have contributed to a resident’s death.

Who Can File a Wrongful Death Lawsuit?

When filing a wrongful death lawsuit in Illinois, it is crucial to understand who has legal authority to do so. Spouses, children and heirs of the deceased may all have the right to initiate a lawsuit. The personal representative or executor of the estate is often responsible for starting the process.

It is important to be mindful of the statute of limitations, which sets a time limit for filing a claim. In Illinois, the period is two years after the death of the person. Missing this deadline can significantly hinder the family’s ability to proceed with the case.

Proving Liability in a Nursing Home Wrongful Death Case

Successfully pursuing a claim requires proving:

Duty of Care: The nursing home had a legal responsibility to provide care for the resident.

Failure to Meet Standards: Staff failed to provide the required level of care.

Direct Cause : This failure directly led to the death.

Economic and Non-Economic Losses: The family suffered economic and other losses as a result.

Expert testimony from medical professionals, detailed medical records, and investigation findings are often essential to support a claim. Without solid evidence, it is difficult to prove that the death was caused by negligence rather than by natural causes.

Why You Need a Nursing Home Wrongful Death Attorney

Attorneys with experience in wrongful death cases have the resources and expertise to obtain expert testimony and gather important evidence to support their clients’ cases. They can also handle all communications with nursing homes, insurance companies and other parties involved in the case, relieving families from this burden.

Given the emotional nature of these cases and complex legal dynamics, having skilled attorneys on your side ensures your interests are protected and you receive the best possible outcome. An experienced attorney can:

Conduct independent investigations.
Collect crucial evidence and interview witnesses.
Negotiate with insurance providers.
Fight against powerful legal teams in nursing facilities.

Without legal guidance, families risk being overwhelmed or accepting a settlement that is significantly lower than what they are entitled to.

How Our Law Firm Can Help

When faced with the tragic loss of a loved one due to nursing home negligence, it is essential to have a lawyer with the experience, compassion, and resources needed to fight for justice on your behalf. This is where Michael J. Brennan Injury & Accident Lawyer comes in.

We operate on a contingency fee basis, which means we don’t charge you until we successfully recover compensation for your case. Our team of lawyers will take on the legal burden, allowing you and your family to focus on healing and honoring your loved one’s memory.

If you would like to schedule a free consultation with one of our experienced nursing home wrongful death lawyers, you can contact us online or by phone.