We try to prepare ourselves for losing our parents, grandparents, or elderly spouses as they age and succumb to illness or the degeneration that comes with time. We know that the death of our elderly loved ones is inevitable, but when we lose an elderly family member to an accident or an act of professional malpractice, that can be just as shocking and incomprehensible as the death of someone younger.
Senior citizens make up the fastest-growing segment of the population in the United States. As people age, they lose bone density and muscle mass that can leave the elderly much more vulnerable to injuries suffered in auto collisions, falls, or other types of accidents than a younger person might be. A younger person might walk away from an accident that leaves an elderly person with serious or even fatal injuries.
If you lost an elderly family member and believe that someone else caused your loved one’s death, our experienced Illinois wrongful death attorneys can help you determine whether you might have a claim for monetary damages.
Elderly people also can be vulnerable to the institutions we rely upon to care for them in their final years. There are a growing number of people entering nursing homes or assisted living facilities, where they may fall victim to abuse or neglect.
One survey of nursing home residents conducted found that an astounding 44% said they had been abused and 95% said they had been neglected or witnessed neglect, according to the National Center on Elder Abuse.
The Illinois Wrongful Death Act (740 ILCS 180) allows you to file a lawsuit as the next of kin of a person who died as a result of someone else’s negligence, recklessness, or intentional action.
The death could be the result of an accident such as a car crash or a slip-and-fall, or of medical malpractice such as a botched surgery or incorrect diagnosis. The statute allows you to make a claim for recovery of monetary damages that may include:
If your loved one was injured and died some period of time later, you may have a claim under the Illinois Survival Act (755 ILCS 5/27-6) for payment of medical bills resulting from the injury, funeral costs, or any other personal injury damages that your family member might have been able to obtain if he or she had survived and made a personal injury claim.
For a survival action to be successful, you have to be able to prove that your loved one’s death was caused by the injuries suffered in his or her accident or act of malpractice.
It’s tragic when a loved one is trusted to the care of a nursing home or assisted living facility, and then dies as a result of abuse or neglect. There unfortunately are many forms of nursing home neglect and abuse that may lead to the death of an elderly family member:
In addition to the Wrongful Death Act, the Illinois Nursing Home Care Act (210 ILCS 45/) includes a provision that allows you to make a claim for your attorneys fees in addition to any other damages awarded by a jury as the result of abuse or neglect by a nursing home or other long term care facility.
Our compassionate and experienced attorneys are here to listen and help. Let us answer your questions and if necessary pursue legal actions to help your family recover. No amount of money can restore what you lost, but Staver Accident Injury Lawyers, P.C. can assist with picking up the pieces, holding the right party accountable, and recovering compensation so you can move forward.
Contact Staver Accident Injury Lawyers, P.C. today at (312) 236-2900 for a free, no-risk consultation.
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