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...
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Wrongful Death
I have used the term 'wrongful death' in many posts and was asked recently: What exactly does wrongful death consist of? 'Wrongful death' is usually associated with a legal cause of action on behalf of the person who died but also on behalf of the people close to the deceased who depended on the person both economically and emotionally. A 'wrongful death' lawsuit is usually brought by a family member or person close to the deceased. Many states have statutes on point as to who may bring a wrongful death lawsuit. The Wrongful Death Act in Illinois is codified...
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