At John J. Malm & Associates, we understand how devastating it is to lose a loved one under any circumstance—but especially so when their passing could have been prevented. Our Naperville-based firm has decades of experience helping families across Illinois seek justice in the face of nursing home abuse and neglect. When a resident dies due to substandard care, negligent staff, or dangerous facility conditions, their family has every right to demand accountability. A wrongful death lawsuit isn’t just about financial compensation—it’s about justice, closure, and preventing future harm to other vulnerable residents.
In this blog, we’ll break down everything you need to know about filing a wrongful death claim against a nursing home in Illinois—from the legal framework and process to common causes of fatalities and what kind of compensation may be available. We’ll also offer resources to help you make informed decisions.
What Is Wrongful Death in an Illinois Nursing Home?
Under the Illinois Wrongful Death Act (740 ILCS 180), a wrongful death claim can be filed when someone dies due to the “wrongful act, neglect, or default” of another party. In the context of nursing homes, this means a facility or its staff can be held liable if a resident’s death resulted from negligence, abuse, or substandard care.
Who Can File?
A wrongful death lawsuit must be filed by the personal representative of the deceased’s estate—this is often a spouse, adult child, or parent. If no representative is named in the will, the court can appoint one. In Illinois, the statute of limitations for wrongful death claims is typically two years from the date of death, though some exceptions can extend this window.
Common Causes of Wrongful Death in Nursing Homes
Many wrongful deaths in nursing homes are caused by patterns of neglect or outright abuse. Here are some of the most frequent and preventable causes:
- Medical Negligence
- Missed diagnoses, improper medication administration, or failure to treat infections can all be fatal. For instance, untreated urinary tract infections can lead to deadly sepsis.
- Falls
- The CDC reports that about 1,800 older adults die each year from nursing home falls. In Illinois, falls are among the leading causes of wrongful death in long-term care facilities.
- Bedsores (Pressure Ulcers)
- Untreated bedsores can lead to infections, sepsis, and death. Illinois law mandates routine repositioning and hygiene care to prevent this.
- Malnutrition and Dehydration
- Failure to monitor food and water intake can lead to starvation and organ failure. A 2022 CMS report identified several Illinois nursing homes cited for grossly inadequate nutritional care.
- Physical or Sexual Abuse
- Abuse at the hands of staff or other residents, especially when ignored by supervisors, is both criminal and grounds for a wrongful death lawsuit.
Shocking Statistics on Nursing Home Negligence
Illinois nursing homes face an ongoing crisis in safety and quality of care:
- According to the Illinois Department of Public Health (IDPH), more than 3,000 complaints were filed against Illinois nursing homes in 2023.
- The National Center on Elder Abuse reports that 95% of residents say they’ve witnessed or experienced neglect in a facility.
- A 2022 ProPublica analysis found that Illinois ranks below the national average in nursing home safety scores.
- The Centers for Medicare & Medicaid Services (CMS) currently list over 40 Illinois nursing homes as “special focus facilities” due to a pattern of serious violations.
These statistics reflect a harsh reality: Illinois families must remain vigilant and be prepared to act if something goes wrong.
The Legal Process for Suing a Nursing Home in Illinois
- Hire a Qualified Naperville Nursing Home Negligence Attorney
Seek a law firm with deep experience in nursing home abuse and wrongful death cases—like ours. An attorney will review the facts, determine liability, and ensure deadlines are met.
- Investigation
Your lawyer will gather key evidence: medical records, staff logs, witness testimony, inspection reports, and more.
- Filing the Complaint
A formal complaint is filed in civil court, outlining the allegations and requesting damages on behalf of the decedent’s estate.
- Discovery Phase
Both sides exchange documents and conduct depositions. This step often reveals systemic problems within the facility.
- Negotiation or Trial
Most cases are settled before trial, but our team is fully prepared to take your case to court if necessary to pursue justice.
Types of Compensation Available for Nursing Home Deaths
A wrongful death lawsuit can recover both economic and non-economic damages:
Economic Damages
- Medical expenses
- Funeral and burial costs
- Lost future earnings and benefits
Non-Economic Damages
- Emotional pain and suffering
- Loss of companionship
- Loss of care or guidance for children
Punitive Damages
In cases of egregious neglect or intentional misconduct, Illinois courts may award punitive damages to punish the facility and deter future abuse. Notably, unlike other states, Illinois does not cap punitive damages.
Holding Nursing Homes Accountable Helps Everyone
When families take legal action, they don’t just get answers—they often uncover systemic issues that can trigger changes in policy or staffing. State inspections and media coverage of lawsuits frequently lead to:
- Staff retraining or replacement
- Facility fines or closures
- Policy reform
- Safer conditions for other residents
Your case could be the one that prevents a future tragedy.
Contact the Award-Winning Naperville Nursing Home Abuse Lawyers at John J. Malm & Associates
The wrongful death of a loved one in a nursing home is a tragedy that should never be ignored. If you believe your family member died as a result of nursing home negligence or abuse, you may have legal grounds to file a claim and hold the facility accountable. But don’t wait—Illinois law places strict time limits on these cases.
At John J. Malm & Associates, we offer free, confidential consultations and never charge a fee unless we recover compensation on your behalf. We’re proud to serve families in Naperville, DuPage County, and throughout Illinois who are searching for answers and justice.
Call us today at (630) 527-4177 or contact us online to speak with a knowledgeable nursing home wrongful death attorney. Let us help you seek the truth, honor your loved one’s memory, and make sure this doesn’t happen to someone else.