Nursing Home Wrongful Death Settlements

Nursing home wrongful death settlements can provide critical financial relief for families left facing medical bills, funeral expenses, and unanswered questions after losing a loved one to neglect. Illinois law allows surviving family members to pursue claims when a nursing home violates care standards.

Filing a nursing home abuse lawsuit can help recover damages and hold negligent facilities accountable. Our Chicago nursing home wrongful death attorneys are dedicated to helping families navigate these claims and fight for fair settlement results after abuse or neglect.

Nursing Home Abuse Settlement – Wrongful Death Examples

At Rosenfeld Injury Lawyers, we have successfully recovered millions for families pursuing nursing home wrongful death settlements after tragic losses.

• $3,000,000 nursing home lawsuit settlement for the family of a resident who developed fatal pressure sores after a hip replacement surgery.
• $2,150,000 nursing home settlement for a wrongful death case involving bedsores and sepsis acquired in a nursing facility.
• $1,700,000 nursing home settlement awarded to the family of a resident who suffered a fatal subdural hematoma and hip fracture from a fall.
• $1,250,000 nursing home abuse settlement reached for the wrongful death of a resident who choked due to lack of proper supervision.

These examples show what can happen when an assisted living facility or nursing home fails to provide safe, supervised care. While the average wrongful death settlement may range from hundreds of thousands to several million dollars, actual nursing home settlement amounts can vary widely depending on the specific facts of each case.

The average settlement depends on the severity of the harm, evidence of neglect, and long-term impact on the family.

Damages in Nursing Home Wrongful Death Lawsuits

One of the main goals of a nursing home wrongful death lawsuit is to compensate family members for the losses they’ve endured. These losses fall into two primary categories: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages aim to repay surviving family members for both the tangible and intangible harm resulting from their loved one’s death. This includes:

• Medical expenses before death (hospital, medications, hospice)
• Funeral expenses
• Lost income or benefits
• Loss of caregiving or household support
• Loss of companionship
• Emotional suffering and grief

Illinois courts also consider the deceased’s age, health, and life expectancy in calculating damages for nursing home settlements and the closeness of the relationship between the deceased and each beneficiary.

Punitive Damages

In extreme cases, families may pursue punitive damages alongside a nursing home wrongful neglect settlement. While compensatory damages repay losses, punitive damages punish the facility or staff for willful misconduct or gross negligence.

Examples include:

• Falsifying medical records
• Ignoring life-threatening symptoms
• Repeated abuse by known offenders
• Refusing to treat bedsores or infections
• Chronic understaffing after prior violations

As of August 2023, Illinois allows punitive damages in wrongful death claims, making legal action more impactful when a facility’s conduct is egregious.

A skilled nursing home abuse lawyer can help assess your case and file the appropriate claims. Contact us today for a free case review and guidance on your nursing home settlement options.

What is Wrongful Death in Illinois?

​Wrongful death in a nursing home occurs when a resident dies due to negligent care, abuse, or inadequate medical treatment. Under the Illinois Wrongful Death Act (740 ILCS 180/1), the personal representative of the deceased nursing home resident can file a nursing home lawsuit to pursue compensation for surviving family members.

These cases often involve nursing home neglect, medical malpractice, or fatal errors by nursing home staff.​

Common Causes of Nursing Home Resident Wrongful Death

Nursing home residents depend on staff for supervision, medical care, and safety. When nursing home negligence occurs, such as failure to monitor health, respond to emergencies, or provide basic care for daily health affairs, the results can be fatal.

These failures often lead to nursing home lawsuit settlements and may support a nursing home abuse lawsuit.

Falls and Fractures

Falls are the leading cause of injury-related death among adults over the age of 65. In nursing homes, where individuals may be frail, unsteady, or have limited mobility, the risk of serious injury is even higher.

Many of these falls occur because the nursing home did not take simple precautions, such as assisting with movement, clearing hazards, or providing support devices like grab bars and bed rails.

A single fall can lead to severe injuries like hip fractures, internal bleeding, or brain trauma, any of which can be life-threatening without proper medical care. These outcomes are often preventable. When a facility overlooks known risks or fails to create a safe environment, it may be held accountable through a nursing home settlement.

Bedsores and Infections

Also known as pressure ulcers, bedsores develop when nursing home residents are left in the same position for extended periods without being repositioned. These painful wounds often form on the heels, hips, and lower back, and without proper care, they can quickly worsen.

Advanced bedsores may lead to life-threatening complications such as sepsis, cellulitis, or osteomyelitis. Federal and state laws require nursing home staff members to monitor skin integrity and turn immobile patients regularly. When that care is neglected, families may have grounds for a nursing home abuse lawsuit or wrongful death claim.

Medication Errors

Residents in nursing homes often take several medications to manage chronic conditions. This increases the risk of serious complications when medication is mishandled. Errors can include:

• Administering the wrong drug
• Giving an incorrect dose
• Skipping required doses
• Failing to monitor side effects or interactions
• Using medication as an illegal chemical restraint

In some nursing home abuse cases, patients are intentionally overmedicated to make them easier to control. In others, critical treatments like insulin or heart medication are missed entirely. When these failures result in serious harm or death, they may form the basis of a wrongful death nursing home claim or nursing home abuse settlement.

Malnutrition and Dehydration

Proper nutrition and hydration are essential to every nursing home patient’s health, particularly for those with cognitive impairments or chronic conditions. Residents with dementia may forget to eat, struggle to communicate hunger or thirst, or require assistance at mealtimes.

When a facility fails to meet these basic needs, the result may be a rapid decline. Severe dehydration can cause kidney failure or shock, while malnutrition may lead to organ failure or death. These outcomes often stem from inadequate staffing, poor supervision, or a lack of individualized medical treatment.

If a nursing home abuse case involves these conditions, the victim’s family may pursue financial compensation through a nursing home lawsuit or a nursing home abuse settlement.

Choking and Aspiration

Many nursing home patients suffer from dysphagia, a condition that makes swallowing difficult and dangerous. These individuals often require specialized diets, such as thickened liquids or pureed meals, and close supervision during feeding. When nursing home staff members neglect these protocols, the risk of choking or aspiration increases dramatically.

A blocked airway can lead to brain damage or death within minutes. Aspiration, when food or liquid enters the lungs, may trigger severe infections and require costly medical treatment. These tragic outcomes are often preventable, yet they continue to occur in nursing home neglect cases.

When a defendant nursing home does not follow safety protocols, it may be held accountable through legal action. Nursing home abuse settlement amounts vary, but families may be entitled to financial compensation through nursing home settlements.

These nursing home abuse settlements can help cover medical bills, burial expenses, and other costs stemming from facility negligence.

Nursing Home Neglect and Abuse

Nursing home abuse involves intentional harm, while nursing home neglect stems from a failure to meet basic care needs. Both can be deadly. Abuse may be physical, emotional, sexual, or financial.

Victims of physical abuse may suffer internal injuries, head trauma, or even severe burns if exposed to scalding water or unsafe conditions. Emotional mistreatment can lead to isolation, refusal to eat, or worsening health.

Neglect, on the other hand, often shows up in missed hygiene, skipped medications, or failure to reposition immobile residents. These oversights commonly lead to bed sores, malnutrition, infections, and fatal complications.

Facilities that ignore signs of nursing home abuse or enable ongoing nursing home neglect may face liability under Illinois law. Families may have the right to pursue legal action and seek nursing home abuse compensation.

For guidance, contact our law firm today to schedule a free case review with a trusted nursing home abuse attorney.

Who Can File a Nursing Home Wrongful Death Claim?

Many families turn to experienced nursing home abuse lawyers when a nursing home neglect case leads to a resident’s death. A successful nursing home abuse settlement may result in nursing home settlement payouts or even nursing home wrongful death settlements in cases involving fatal outcomes.

If your family member suffered nursing home abuse or died from choking due to neglect, you may be eligible to file a nursing home settlement. Nursing home lawsuit settlements in Illinois follow specific legal procedures that determine who is eligible to bring the case and how compensation is distributed.

Understanding these legal roles helps the right relatives receive justice and financial support following a loved one’s wrongful death in a nursing home.

Eligible Family Members

Under the Illinois Wrongful Death Act, compensation from nursing home lawsuit settlements is designated for the deceased’s surviving spouse, children, and, in certain circumstances, parents. These family members are legally recognized as having suffered direct harm, be it emotional, financial, or both, due to their loss.​

In the absence of a surviving spouse or children, other next of kin, such as siblings or grandchildren, may be eligible to receive damages, contingent upon the family’s structure and the level of dependency.​

The law considers factors like:​

• The financial dependence of the survivor on the deceased
• The emotional and caregiving relationship shared with the resident
• The impact of the loss on the survivor’s daily life and future​

It’s important to note that wrongful death compensation is not automatically granted; it must be pursued through a formal legal process initiated by the estate. Nursing home lawyers can provide guidance throughout this process, upholding the family’s rights.​

Generally speaking, nursing home wrongful death settlements aim to address the multifaceted losses experienced by the family, encompassing both tangible and intangible damages.

Estate Representative

While relatives are the beneficiaries of any compensation awarded, only the personal representative of the deceased resident’s estate can file the lawsuit in court. This individual acts on behalf of the eligible survivors.

The personal representative may be:

• Named as the executor in the resident’s will
• Appointed by a probate court if there is no valid will or named executor

The representative is responsible for hiring a lawyer, making legal decisions on behalf of the estate, and ensuring that any financial recovery is distributed properly. In many cases, the personal representative is a spouse, adult child, or close relative, but the role can also be fulfilled by a professional fiduciary or third party appointed by the court.

Working with a law firm experienced in both wrongful death and elder law is crucial for representatives to navigate the probate process, file all necessary paperwork, and meet strict deadlines for nursing home settlements.

The Role of a Chicago Nursing Home Wrongful Death Lawyer

Nursing home neglect settlements are among the most complex and emotionally charged cases in personal injury law. The circumstances surrounding a resident’s death are often obscured by poor record-keeping, evasive staff, or vague medical explanations.

That’s why working with a Chicago wrongful death lawyer who focuses on nursing home abuse and neglect is so critical.

Here’s how an attorney helps protect your family and strengthen your nursing home settlement.

Investigating the Death

An experienced attorney will initiate a comprehensive investigation to determine the cause and context of your loved one’s death. This process often includes:

• Obtaining and analyzing the full medical records and care notes.
• Interviewing staff, former employees, and eyewitnesses.
• Reviewing any past violations or citations the facility has received from the Illinois Department of Public Health.
• Consulting with geriatricians, wound care specialists, or forensic experts to assess whether the standard of care was breached.

These investigations often uncover red flags like falsified charts, improper medication logs, or signs of physical abuse that the nursing home did not report.

Establishing Liability

To hold a nursing home accountable, your attorney must show that its staff or administration acted negligently and that this negligence directly caused the resident’s death. This may involve showing that:

• Staff failed to follow the doctor’s orders or care plans.
• The resident was not properly monitored or repositioned.
• Facility policies violated federal or state safety standards.
• The death could have been prevented with timely medical intervention.

In some nursing home settlements, multiple parties may share liability, including the corporate parent company, individual caregivers, or medical professionals contracted by the home.

Negotiating with Insurance Companies

Nursing home neglect settlements are often resolved through negotiations with the nursing home’s insurance provider. Your attorney will handle all communications, ensuring you don’t have to deal with stressful and sometimes manipulative conversations with insurance adjusters.

Insurers often try to downplay negligence or offer quick settlements that are far below the average amount. A seasoned lawyer will know how to counter these tactics and present a well-documented case that demands a full and fair nursing home settlement.

Litigating the Case

If the insurance company refuses to settle or denies liability, your lawyer may file a lawsuit and proceed to trial. While many cases are resolved before reaching court, being prepared to litigate is essential for showing the defense you’re serious.

At trial, your attorney will present evidence, call expert witnesses, and cross-examine the nursing home’s staff and leadership with the goal of securing a verdict that holds them accountable and honors your loved one’s memory.

How Much Does it Cost to Hire a Lawyer for a Nursing Home Wrongful Death Case?

Families grieving the death of a loved one shouldn’t have to worry about paying for justice. That’s why most reputable nursing home wrongful death attorneys, like our law firm, work on a contingency fee basis.

This means:

• No hourly billing or upfront costs
• You pay nothing unless your case is successful
• The attorney’s fee is a percentage of the settlement or trial award

Contingency fees allow any family, regardless of financial circumstances, to access skilled legal representation and pursue the justice their loved one deserves. This model allows families to seek fair nursing home settlement amounts without having to pay legal fees upfront.

Book a Free Case Evaluation!

If you’ve lost a parent, spouse, or loved one in a wrongful death case involving a nursing home, you may be eligible to pursue a nursing home neglect settlement. At our law firm, we believe every family deserves answers and the chance to seek justice without added financial risk.

We’ve helped families across Illinois and beyond hold negligent nursing homes accountable and recover meaningful compensation. With deep experience in elder abuse litigation, we’re here to guide you every step of the way.

Reach out today for a free consultation. We’ll review your case, explain your options, and help you move forward with confidence.Call us at (888) 424-5757 or fill out our form.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Champaign, Naperville, Schaumburg , Springfield and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.