According to a recent census, 13% of the population is age 65 and over. By 2050, this number is expected to rise to 20% of the population. As a result, the number of people living in nursing homes is rising as well. While many nursing homes provide its residents with the care they deserve, a surprising number fail to live up to the most basic standard of care. Unfortunately, many nursing home residents die from preventable injuries caused by the facility.
While nothing can make up for the loss of a loved one, Missouri, Illinois, and Kansas offer remedies for wrongful deaths. For families who have lost a loved one, it is important to know who may bring a lawsuit for wrongful death and what they may recover.
A wrongful death is defined as the death of a person resulting from the negligence or fault of another party. Generally, the spouse or children of the deceased may file a wrongful death action. If there is no surviving person in this class then siblings of the deceased may bring the suit. If no surviving siblings exist, the court may appoint another party to bring the action.
In nursing home wrongful death cases there are many things for which families can recover. Illinois, Missouri, and Kansas allow families to recover for medical bills and funeral expenses. These are known as pecuniary damages. Both states allow for non-pecuniary damages as well, which includes areas such as pain and suffering. However, Kansas caps these non-economic damages as $350,000 for all wrongful death cases while Missouri caps non-economic damages at $350,000 for all cases against a healthcare provider. Fortunately, Illinois imposes no caps on wrongful death claims.
If your family has lost a loved one as a result of a nursing home’s negligence, we encourage you to contact our nursing home negligence and abuse law firm.
Nursing home abuse and negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Midwest nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us to protect your family today.