What is a surviving spouse entitled to in a wrongful death lawsuit against a nursing home?
Most states have enacted a specific cause of action for wrongful death lawsuit. For example, in Illinois, a surviving family spouse and/or family member is entitled to bring a lawsuit for the loss of the deceased services. Although no award can truly replace your loved one, you can be compensated for the loss of support and companionship that your spouse provided.
Under the Illinois Wrongful Death Act (740 ILCS 180), a victim’s family members (next of kin - surviving spouse and children; parents and siblings can recover if there are no surviving spouse or children) can recover for damages based on the defendant’s wrongful act, neglect, or default. The action is brought by and in the name of the deceased person’s personal representative.
In order to successfully recover in a wrongful death lawsuit in Illinois, you must prove the following:
- Death of a person
- The death was caused by the defendant’s wrongful act, neglect or default
- If not for the death of the person, the deceased would have been entitled to bring an action against the defendant and recover damages
- There exists a surviving next of kin
- The surviving next of kin suffered injury
- Actual damages exist.
Wrongful death damages include both pecuniary (monetary) damages for loss of support and damages for loss of consortium, loss of society, loss of companionship, and loss of guidance. Damages can also be awarded for grief, sorrow, and mental suffering. The damages awarded can then be reduced because of the deceased’s contributory negligence (fault) and any contributory fault by a beneficiary.
The amount recovered is for the sole benefit of the surviving spouse and next of kin and is divided based on how much each was dependent upon the deceased. If there exists no surviving next of kin, the damages are divided to cover hospitalization costs, medical services, and the estate. In most cases, wrongful death actions must be brought within two years after the death of the person.
Hopefully, any abuse or neglect that occurs at a nursing home can be addressed earlier in time, to actually prevent the loss of a loved one. But, in those unfortunate situations where the death of a spouse does occur, a wrongful death action can help a family deal with the repercussions of their loss.
Sources:
IL General Assembly – Wrongful Death Act (740 ILCS 180)
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In December 2008, the Illinois Department of Public Heath (IDPH) completed a survey of .png)
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