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In Illinois in order to prevail on a personal injury case…

In Illinois in order to...
In Illinois in order to prevail on a personal injury case that resulted in death. What has to be proven?
Nursing home negligence
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Answered in 5 minutes by:
12/5/2017
RayAnswers
RayAnswers, Attorney
Category: Personal Injury Law
Satisfied Customers: 45,243
Experience: Texas lawyer for 29 years in personal injury
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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In Illinois, the Nursing Home Care Act sets a number of rules for nursing homes and states the rights that nursing home residents have with regard to their care in nursing homes. Chief among those is the right to be free from abuse and neglect, but rights also include a nursing home resident’s right to choose his or her own physician, participate in his or her own medical care, to be free from physical or chemical restraints, and to manage his or her own finances.

When a nursing home resident’s rights are violated and the resident is alive and competent to handle his or her own affairs, the resident can file a civil lawsuit to recover compensation for losses caused by the violation of his or her rights. However, when the resident dies because of the abuse, neglect, negligence, or other actions by the nursing home staff or administration, the resident’s surviving next of kin may be able to make a claim for compensation under the Wrongful Death Act, 740 ILCS 180, and/or the Survival Act, 755 ILCS 5/27-6.

It sounds like you may have some great facts here.These are contingent fee cases, you don't pay until there is recovery.I hope you will pursue this.

I appreciate the chance to help you today, so sorry for your loss.

If you can positive rate 5 stars it is much appreciated.

Lawyer referral with ratings

https://www.avvo.com/search/lawyer_search?utf8=%E2%9C%93&q=wrongful+death&loc=illinois

Prayers to you in all of this.

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One year here to sue

In Illinois, a wrongful death lawsuit must be filed within the time limit set by the "statute of limitations" for the underlying type of case, or within one year of the date of the deceased person's death, "whichever date is the later," according to 735 ILCS 5/13-209.

Wrongful Death Lawsuits in Illinois | Nolo.com

https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-illinois.html

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Customer reply replied 2 months ago
On going case wrongful death changed to personal injury. So do you have to prove the neglect or negligence caused the personal injury or that the patient suffered as a result of the neglect or negligence?

Yes they provided insufficient care , failure to diagnose, take appropriate action, transfer to hospital, etc.

Good luck to you , thanks for rating 5 stars at top of page.

RayAnswers
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Satisfied Customers: 45,243
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