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Cook County Wrongful Death Law Blog

What is wrongful death?

You may have heard the term before, but what is wrongful death? Wrongful death refers to a legal remedy available to help family members of victims of fatal accidents. Wrongful death refers to when a loved one has been wrongfully killed because of the negligence of another party. Wrongful death can occur in the context of medical malpractice, workplace accidents or car accidents, among other circumstances and situations. A wrongful death claim for damages enables surviving family members to seek compensation for the harm they have suffered.

A wrongful death claim is a claim brought on behalf of the lost loved one's estate for the benefit and support of surviving family members. Each state has a wrongful death statute that provides for how a wrongful death claim can be brought in that state, so it is helpful to be familiar with the wrongful death statute in your state if you have lost a loved one.

Nursing home negligence award of $4.1 million upheld in Illinois

Legal protections are available for victims of nursing home negligence and their families. A judge in Illinois recently upheld a jury award of $4.1 million to the family of a nursing home resident that was not given her anti-clotting medication, suffered a stroke and later died. The judge also added $1.5 million in attorney's fees to be paid by the nursing home to the woman's family. Representatives for the victim's family noted that the award of damages was a record under the Illinois Nursing Home Care Act. Representatives for the nursing home noted they intend to appeal the award of damages and are requesting a new trial.

According to newspaper reports, the woman entered the nursing home for physical therapy after she fractured her left hip. The woman was taking the blood thinner medication Coumadin, however, records revealed that she did not receive her blood thinner medication for two weeks. She suffered a stroke the following month and died four years later. The jury found that the stroke contributed to her death and that the stroke impacted her ability to enjoy her life.

Truck accident injures three victims in Illinois

A recent truck accident in Lena injured three victims and caused the driver of the truck to be cited by authorities. While traffic slowed for construction, a semi-truck failed to do so and struck an SUV, which caused a chain reaction that resulted in four vehicles being struck in total. Three people suffered serious injuries in the truck accident. The driver of the semi-truck was cited for driving too fast for the conditions.

Victims of an unexpected truck accident can suffer serious injuries that can take them significant time to recover from. At the same time, a truck accident can place an unexpected demand on the resources of victims as medical bills mount and they are unable to work due to the injuries they have suffered.

Legal resources available to victims of medical malpractice

Whenever a patient visits a doctor, they are placing their trust in the medical care and treatment they expect to receive. When there has been a failed or erroneous diagnosis, it can cause serious consequences for the victim and, potentially, for the victim's family. If there has been a missed diagnosis or delayed diagnosis that has caused harm, medical professionals may be liable to the victim and their family for the damages suffered.

It is important for doctors and other medical professionals not to dismiss important considerations, such as symptoms or the patient's complaints, when diagnosing the patient's medical condition. If the medical professional does not act as a reasonably prudent medical professional should under the circumstances, they may be considered negligent and the victim may have a claim for medical malpractice. Medical malpractice refers to a variety of different types of negligence and medical mistakes, including a failure to diagnose, a delayed diagnosis or an erroneous diagnosis.

Legal help for victims of nursing home abuse or neglect

When a loved one is entrusted to the care of a nursing home, it can be challenging for everyone. When the loved one becomes the victim of nursing home neglect or nursing home abuse, it can be devastating for the victim and their family, which is why it is important to be familiar with legal resources that can help when a loved one has been harmed.

Nursing home malpractice or negligence can occur in a variety of ways. Nursing home deaths and other harm can result from medical professional errors; a failure to diagnose; or a misdiagnosis. A delayed diagnosis or improper diagnosis can result in needless progression of the disease or illness. Erroneous treatment may worsen the victim's condition or fail to treat the disease or illness the patient is suffering from, which may result in liability for medical professionals and others.

Victims of truck accidents should understand their options

Legal options are available to victims of truck accidents to protect them from the unexpected damages they may suffer. Truck accidents can result in serious harm and damages greater than those suffered in a passenger vehicle accident. While the consequences of a passenger vehicle accident can be serious, a truck accident have a higher likelihood of resulting in catastrophic injuries and damages.

Truck accidents can cause serious harm to victims and their families, as commercial vehicles can weigh 25 times what the typical passenger vehicle weighs. To help with the physical, financial and emotional damages victims and their families oftentimes suffer following a truck accident, different parties may be responsible to compensate victims for their damages through a personal injury or wrongful death claim.

Do you suspect substandard care in an Illinois nursing home?

As you researched various nursing homes in Illinois, you likely hoped to find just the right place where your aging mother or father would feel comfortable and well cared for in his or her golden years. If you live nearby, you may have felt somewhat at ease that at least you'd be able to visit often and check in to see how things are going.

Being the adult child of an elderly parent in a nursing home can be quite challenging, as you have a job and a family you're responsible for; yet, you want to spend as much time with your mother or father as possible, too. You understand there's no such thing as a perfect nursing home, but you want to be as sure as you can that you and your loved one have chosen a good, safe place.

Vehicle collisions at work sites take important skills to solve

Previous posts on this blog have discussed tragedies in which a construction worker or other workers in the Chicago area get seriously hurt or even die because of a motor vehicle accident in or around a construction zone. Many times, these accidents involve an inattentive motorist hitting a worker who is simply doing their job close to the road. These types of construction accidents are relatively common and are among the most common causes of work-related deaths at construction sites.

These cases are complicated in part because a worker may have to pursue compensation from more than one source in order to cover all of their losses. For instance, the worker, or, in the case of a fatality, the worker's family, will no doubt want to request workers' compensation benefits. This is a good start, especially when it comes to medical bills and lost wages, but it may not cover everything.

Overview of patients' rights in nursing homes

As most patients in Chicago area nursing homes or skilled nursing facilities are of the age to qualify for Medicare benefits, they are afforded certain legal rights under the Medicare program. Not only can a facility be punished by Medicare if they violate these rights, a violation can also form the basis of a personal injury, medical malpractice, or wrongful death lawsuit if it turns out that a patient is injured or killed as a result of the violation.

One of the most basic rights of a patient is the right to, as much as possible, have the same freedom and receive the same respect as they would were they living in their own homes. This means that, unless there is a medical reason, they should set their own waking and sleeping schedules and decide when they want to eat. Obviously, the right to dignity and respect also means the right to be free of all abusive behavior and all neglect. This right includes freedom from all types of abuse, including emotional abuse or the abuse of one's property.

Trucker arrested after killing Illinois highway worker

A highway worker died after a trucker struck him and then tried to leave the scene of the accident. The worker was on duty picking up trash at the time of the incident and was reportedly wearing a uniform designed to make the worker more visible.

According to police and prosecutors, who have accused the trucker of reckless homicide. As of the last reports, he was in jail in lieu of a $175,000 bond. His truck was surrendered in Ohio, where it was later located.

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