Who Can File a Nursing Home Wrongful Death Lawsuit?

What Constitutes Wrongful Death in a Nursing Home?

A wrongful death in a nursing home occurs when a nursing home patient dies as a result of negligence, abuse, or a failure to provide proper medical care.

These deaths often stem from preventable conditions (such as infections, dehydration, malnutrition, or medication errors) that indicate serious lapses in a facility’s duty of care.

In many nursing home negligence cases, staff members or administrators fail to follow established safety protocols or ignore warning signs in a resident’s health care.

When this level of neglect leads to fatal consequences, surviving loved ones have the right to pursue a wrongful death nursing home lawsuit.

Under state law, close family members, including spouses, children, or sometimes parents, may seek maximum compensation for their loss.

Compensation can cover medical expenses, funeral costs, emotional suffering, and the financial support the deceased provided.

These cases not only seek justice for one family but also work to expose systemic problems within long-term care facilities.

By working with trusted legal partners, families can hold negligent institutions accountable and help prevent similar tragedies from occurring in the future.

A wrongful death claim sends a clear message: every resident deserves dignity, safety, and proper care, and every family deserves answers when that trust is broken.

The Facility’s Duty of Care

Every nursing home facility operates under a clear duty of care to protect residents from preventable harm, including elder abuse, neglect, and medical errors.

This duty is not optional: the duty of care is both a legal contract and an ethical obligation to provide consistent supervision, appropriate treatment, and safe living conditions.

When that duty is breached, residents may suffer physical trauma such as broken bones, infections, or even pressure sores, which are often early warning signs of neglect.

In some tragic cases, residents have suffered severe burns from scalding water or heating equipment left unattended, or endured other injuries caused by staff negligence.

If a resident dies as a result of poor care, inadequate supervision, or deliberate harm, the family may be entitled to file a wrongful death claim against the nursing home and any responsible parties.

The law views these incidents as preventable outcomes of a facility’s failure to uphold its responsibility to residents.

Families must often rely on legal counsel to determine whether the nursing home’s conduct violated its duty of care and to gather medical records, witness statements, and facility reports that demonstrate negligence.

Even seemingly minor issues, like medication errors, unreported falls, or neglect that leads to infection, can form the basis of a strong claim.

And even pressure sores are a sign that staff failed to provide the monitoring, repositioning, and hygiene required to keep residents safe.

A wrongful death claim not only holds negligent facilities accountable but also helps prevent future residents from suffering the same fate.

Why Nursing Home Wrongful Death Claims Exist

A wrongful death suit against a nursing home exists to bring accountability and justice when a resident’s death results from neglect, abuse, or substandard care.

These claims are not only about financial recovery.

They are a crucial safeguard within the legal system that pressures nursing homes to uphold higher standards of care.

Families file these lawsuits to demand recognition of the harm done and to prevent other residents from suffering similar fates.

The first purpose of a wrongful death claim is to hold negligent caregivers, administrators, and owners responsible for actions (or failures to act) that directly caused the death.

The second is to help surviving family members, including spouses, life partners, and other family members, recover damages that address both emotional pain and tangible financial losses.

Compensation in these cases may cover funeral expenses, unpaid medical bills, lost financial support, and emotional suffering caused by the preventable death of a loved one.

Skilled personal injury lawyers and a dedicated legal team can calculate these losses carefully to pursue full and fair compensation for grieving families.

Each state’s laws outline who may file, what damages are recoverable, and how long families have to act.

While procedural details vary, the goal remains constant: to provide financial support and acknowledgment for families whose trust in a care facility was violated.

Nursing home wrongful death claims exist to restore a measure of justice, and to make clear that neglect, abuse, and systemic failures will not go unanswered.

All About Seeking Accountability, Not Just a Price Tag

Of course, the primary purpose behind filing a nursing home wrongful death lawsuit is to pursue compensation from a negligent assisted living facility. However, there’s more to nursing home litigation than that.

One of the most powerful after-effects of taking legal action is holding a negligent nursing home facility accountable for its breach of care. When you take legal action, you’re essentially:

• Seeking accountability
• Sending a message that such negligence won’t and shouldn’t be condoned

Who Can File a Nursing Home Wrongful Death Lawsuit?

Wrongful death laws exist to give surviving families a voice, but only certain people are authorized to file the lawsuit, and the rules differ from state to state.

A Personal Representative or Executor

In states like Illinois, a wrongful death lawsuit must be filed by the personal representative (also called the executor or administrator) of the deceased person’s estate.

This person acts as the legal voice of the estate and brings the lawsuit on behalf of all eligible surviving family members

If the decedent left a valid will, the executor named in that document usually serves as the personal representative.

If there is no will, a probate court will typically appoint someone, often a spouse, adult child, or close relative, to serve in that role.

The personal representative is responsible for:

• Filing the lawsuit within the applicable statute of limitations.
• Coordinating with a wrongful death lawyer to gather records, evidence, and testimony.
• Ensuring any settlement or judgment is distributed among qualifying family members according to state law.

In nursing home cases, the personal representative often works closely with the attorney to navigate both probate procedures and civil litigation, since these cases involve sensitive evidence and strict procedural rules.

A Surviving Family Member

Although the personal representative files the claim, the compensation recovered is meant for surviving family members who have suffered losses as a result of the death.

Most wrongful death statutes limit recovery to immediate relatives, such as:

• Spouses
• Children (including adopted children)
• Parents or legal guardians
• Financially dependent family members

Some states also allow siblings, grandparents, or other next of kin to recover if they were financially or emotionally dependent on the deceased person.

Illinois Law: The Wrongful Death Act (740 ILCS 180/1 et seq.)

Under the Illinois Wrongful Death Act, a wrongful death claim must be brought by the personal representative of the deceased’s estate.

That representative files the action for the exclusive benefit of the surviving spouse and next of kin.

Here are some key points for taking legal action under Illinois law:

• Eligible beneficiaries usually include the spouse, children, and sometimes parents or other dependents.
• Damages may include grief, sorrow, mental suffering, loss of consortium, and loss of financial support.
• The statute of limitations is generally two years from the date of death, but it can be shorter if the nursing home is a public facility or if certain medical malpractice claims are involved.
• Any settlement or award is distributed among surviving family members according to their degree of dependency, as determined by the court.

Importantly, Illinois law separates wrongful death claims from survival actions (which allow recovery for pain and suffering the resident endured before death).

Often, these are filed alongside nursing home neglect lawsuits.

Missouri Law: The Wrongful Death Statute (RSMo § 537.080 – .095)

Unlike Illinois, Missouri allows the surviving family members themselves, not necessarily the estate representative, to initiate legal action.

Eligible parties are divided into three classes:

1. Class 1: The surviving spouse, children, grandchildren, or parents of the deceased.
2. Class 2: If no one in Class 1 survives, siblings or their descendants may file.
3. Class 3: If neither Class 1 nor Class 2 is available, a plaintiff ad litem may be appointed by the court to bring the case.

This structure allows families in Missouri to act more directly, but it still requires close coordination with an experienced wrongful death lawyer to ensure all eligible survivors are represented and claims are filed on time.

What If Multiple Family Members Want To File?

Disagreements sometimes arise among surviving relatives about who should pursue the claim.

In these situations:

• The court will appoint or confirm the personal representative in Illinois, or
• Determine the appropriate class of claimant in Missouri.

An attorney can help families resolve these disputes and ensure that every eligible party’s interests are protected throughout the process.

Why Nursing Home Wrongful Deaths Happen

Nursing home wrongful deaths often arise from systemic problems such as a lack of sufficient nursing home staff members, poor training, or cost-cutting at the expense of resident safety.

In each case, the law looks at whether the facility breached its duty of care, which is the obligation to provide reasonable protection and treatment consistent with accepted standards in long-term care.

Below are some of the reasons why nursing home wrongful deaths happen.

1. Neglect and Inadequate Supervision

Neglect occurs when residents’ basic needs, like nutrition, hygiene, medical attention, and mobility assistance, are ignored or delayed.

In nursing homes, this can take many forms: failing to reposition immobile residents, overlooking signs of dehydration or infection, or leaving residents unattended for long periods.

When nursing home neglect results in severe complications such as bedsores, sepsis, or fatal falls, the nursing facility may be held liable.

2. Medical Malpractice and Medication Errors

Nursing homes must ensure that residents receive proper medical treatment, prescriptions, and monitoring.

Fatal outcomes can occur when:

• Staff administer incorrect dosages or wrong medications.
• Physicians fail to diagnose or treat emerging conditions.
• Medical orders are not followed or properly documented.

In legal terms, this constitutes medical malpractice.

It’s a breach of the professional duty owed to the resident.

Under both Illinois and Missouri law, facilities and their employed medical staff can be held accountable for failing to meet established standards of care.

3. Failure to Prevent Falls

Falls are among the leading causes of injury-related death among older adults.

Nursing homes have a duty to evaluate each resident’s fall risk and implement preventive measures, such as non-slip flooring, bed alarms, mobility aids, and supervision.

When a resident with known fall risks is left unattended or placed in unsafe conditions and sustains fatal injuries, the facility’s negligence may support a wrongful death claim.

4. Infection Control Failures

Infections such as pneumonia, urinary tract infections, or sepsis are common in nursing homes, but are preventable with proper care.

Facilities must maintain sanitation standards, monitor residents for early signs of infection, and isolate contagious cases when necessary.

Neglecting these duties can lead to rapid, uncontrolled spread and fatal complications.

5. Dehydration and Malnutrition

Elderly residents are particularly vulnerable to dehydration and malnutrition, especially when they rely on caregivers for feeding or hydration.

When staff fail to monitor fluid intake, track weight loss, or adjust meals for medical conditions, residents can quickly decline. Severe dehydration can lead to organ failure, confusion, or fatal cardiac events.

From a legal standpoint, these deaths are often classified as nursing home neglect cases, reflecting the facility’s failure to meet the most basic standard of resident care.

6. Wandering and Elopement

“Wandering” and “elopement” refer to residents (often with dementia) leaving the facility or entering unsafe areas unsupervised.

When this occurs, residents who escape may suffer exposure, traffic injuries, or falls.

Any death resulting from these incidents renders the nursing home liable for inadequate supervision and security protocols.

7. Abuse or Intentional Harm

While most caregivers are compassionate professionals, there are tragic instances of physical, emotional, or sexual abuse within nursing homes.

Any nursing home abuse case can cause fatal injuries directly.

Worse yet, there are emotional effects, like trauma, depression, or refusal to eat or take medication.

Facilities are legally responsible for screening, training, and supervising nursing home employees.

If they fail to protect residents from abusive staff or other residents, they can face both civil liability and regulatory penalties.

8. Understaffing and Poor Training

Chronic understaffing is one of the most pervasive causes of nursing home neglect and wrongful death.

When too few staff members care for too many residents, essential duties are missed (turning, feeding, medication administration, other health affairs and simple supervision).

Similarly, inadequate training leads to errors in recognizing medical emergencies or following care protocols.

Both Illinois and Missouri require nursing homes to maintain minimum staffing levels and ensure staff competence.

When violations of these standards contribute to a death, they serve as strong evidence of negligence in a wrongful death lawsuit.

How To Prove a Nursing Home Wrongful Death Case

Even when the circumstances seem clear to a grieving family, the law requires solid proof to hold a nursing home accountable.

Nursing home wrongful death lawsuits depend on showing that negligence directly led to a resident’s death.

For you to have a valid claim, you must prove four key elements.

These are duty, breach, causation, and damages.

And as with any nursing home abuse or personal injury, all must be established with credible evidence.

1. Duty of Care

Every nursing home has a legal and ethical duty to protect its residents from harm.

This includes providing safe living conditions, appropriate medical care, adequate staffing, and supervision.

To establish this element, your attorney will gather admission agreements, care plans, and state or federal compliance records showing what responsibilities the facility accepted when your loved one became a resident.

2. Breach of Duty

Once duty is established, the next step is proving the facility failed to meet that standard of care.

A breach might include ignoring a resident’s medical needs, failing to prevent falls, or neglecting to monitor infections.

Evidence may come from nursing logs, staff schedules, medical charts, or witness statements.

These documents often reveal patterns of neglect or understaffing.

In some cases, expert witnesses such as registered nurses or geriatric specialists are brought in to explain what proper care should have looked like.

3. Causation

Proving causation means linking the facility’s negligence directly to the death.

This is often the most complex element in a nursing home case, as residents may have pre-existing health issues.

Attorneys work with medical experts to show that, while illness may have existed, the death was accelerated or caused by the facility’s failure.

For instance, medical records may be used to establish untreated infections, medication mistakes, or lack of supervision as the cause of death.

Coroner reports, hospital records, and expert analysis often play a key role here.

4. Damages

Finally, the law requires proof of measurable losses resulting from the death., otherwise known as damages.

These include:

• Funeral and burial costs
• Medical bills from care prior to death
• Loss of companionship and emotional suffering
• Lost financial support or services that the person provided

In both Illinois and Missouri, families may also seek punitive damages when the nursing home’s conduct was willful, reckless, or intentionally harmful.

Building the Evidence

Nursing home wrongful death cases are evidence-heavy.

Your lawyer may collect:

• Medical and facility records
• Inspection reports and prior complaints
• Employee files and training materials
• Expert evaluations of nursing standards
• Photos, surveillance footage, or electronic chart data

Because facilities sometimes delay or restrict access to information, acting quickly allows your attorney to issue preservation requests and prevent vital evidence from being lost.

The Nursing Home Wrongful Death Lawsuit Process

Wrongful death lawsuits are civil claims, and, as such, there’s a process for how they are handled.

No two cases are alike. For the most part, though, you can expect your claim to move along in this sequence.

1. Consultation and Case Review

Everything begins with a free consultation.

Families meet with a wrongful death lawyer to review medical records, facility notes, and any evidence suggesting negligence.

If the case has merit, the attorney will move quickly to preserve records and start the claim.

2. Investigation and Filing

Once retained, your nursing home abuse attorney files the lawsuit on behalf of the estate or qualifying family members.

During this phase, they:

• Request official medical and facility records
• Interview witnesses and staff
• Consult with medical experts
• File the complaint within the state’s wrongful death statute of limitations (typically two years in Illinois, three years in Missouri)

This step officially opens the case in civil court.

3. Discovery and Evidence Exchange

Both sides exchange evidence and testimony during discovery.

Your lawyer may depose facility staff, obtain inspection reports, and work with experts to establish duty, breach, and causation.

Many cases settle after discovery once the facility’s negligence becomes clear.

4. Settlement or Trial

Most nursing home wrongful death cases resolve through negotiated settlements that spare families a lengthy trial.

If a fair settlement isn’t offered, your attorney presents the case before a judge or jury.

Trial outcomes may include compensatory and, in some cases, punitive damages.

What Financial Compensation You May Be Entitled To

When your attorney calculates your nursing home abuse settlement, these damages will be taken into account.

1. Economic Damages

These compensate for measurable financial losses, such as:

• Funeral and burial expenses
• Medical care provided before death
• Loss of income, support, or household services

Illinois and Missouri both allow recovery of these economic losses, often calculated through expert testimony and financial records.

2. Non-Economic Damages

Families also experience deep emotional loss that cannot be measured in bills or receipts.

Non-economic damages may include:

• Loss of companionship, guidance, and consortium
• Emotional distress, grief, and sorrow

Illinois’s Wrongful Death Act recognizes these personal harms, while Missouri law allows similar recovery for “loss of companionship, comfort, and society.”

3. Punitive Damages

If the facility’s conduct was willful, reckless, or intentionally harmful (such as deliberate neglect or physical or sexual abuse), punitive damages may be pursued.

These aim not to compensate but to punish wrongdoing and deter future negligence in other facilities.

What a Wrongful Death Attorney Can Do for You

Losing someone in a nursing home due to negligence is emotionally overwhelming.

Knowing this, a wrongful death lawyer helps families shoulder both the legal and investigative burdens so they can focus on grieving and healing.

Legal Guidance and Case Management

These cases involve complex overlap between nursing-home regulations, medical evidence, and probate law.

Your attorney handles:

• Reviewing medical and facility records for proof of negligence
• Coordinating expert testimony to explain how the death occurred
• Filing required probate and civil documents within statutory deadlines
• Communicating with insurers and defense attorneys on your behalf

Investigation and Advocacy

An experienced lawyer knows where to look for evidence that families often can’t access alone: inspection reports, staffing data, or prior complaints.

They issue subpoenas, preserve records, and build a clear picture of what went wrong.

If a settlement is possible, your lawyer negotiates fair compensation.

If not, they prepare the case for trial to hold the facility publicly accountable.

Compassion and Support

Beyond the legal work, a good attorney offers steady communication, empathy, and reassurance.

As your lawyers, we help you understand each step, manage expectations, and feel seen, and not like just another case file.

At TorHoerman Law, our support includes free consultations, honest case evaluations, and representation rooted in the belief that our firm is about people.

TorHoerman Law: Nursing Home Wrongful Death Attorneys

If you’ve lost a loved one in a nursing home and believe negligence or abuse may have been involved, act quickly.

Evidence can disappear, records can be altered, and statutory deadlines can expire.

A wrongful death lawyer can help uncover what really happened, identify those responsible, and guide your family through the legal process with care and respect.

Our firm has represented families across Illinois, Missouri, and surrounding regions who have suffered preventable losses in nursing homes.

Have you lost a loved one due to a nursing home’s negligence?

We’re just a call away.

Contact TorHoerman Law for a free case review.

You can also use the chatbot on this page to find out if you’re eligible for a nursing home wrongful death lawsuit.