Written by When a loved one dies because of poor care at a nursing home, the family is left with grief and unanswered questions. Illinois law provides specific legal tools to pursue a nursing home wrongful death lawsuit Illinois residents can bring on behalf of a deceased family member. Three separate counts often apply, and understanding how they work together is the first step toward deciding whether to act.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
The Legal Framework: Three Counts That Work Together
Illinois families pursuing a nursing home death case typically bring claims under three overlapping statutes: the Wrongful Death Act (740 ILCS 180), the Survival Act (755 ILCS 5/27-6), and the Nursing Home Care Act (210 ILCS 45). Each count compensates for different losses, and all three can be asserted in the same lawsuit.
Count One: Wrongful Death Act (740 ILCS 180)
The Illinois Wrongful Death Act gives eligible family members a right to recover for their own losses caused by the death. Compensable damages include grief and sorrow, loss of companionship and society, and the economic support the deceased would have provided over his or her remaining lifetime. The Act is brought by the administrator or executor of the estate, but the recovered damages flow to the surviving spouse and next of kin rather than into the estate itself.
Illinois does not cap compensatory damages in wrongful death cases, and Public Act 103-0514, effective August 11, 2023, now allows punitive damages in wrongful death actions filed on or after that date — with the exception of cases grounded in medical malpractice. If a nursing home’s conduct was willful or egregious, punitive damages may be available as an additional remedy under the 2023 amendment.
Count Two: Survival Act (755 ILCS 5/27-6)
Unlike the Wrongful Death Act, which compensates survivors for their losses, the Survival Act preserves the cause of action the deceased person would have had if he or she had lived. Under 755 ILCS 5/27-6, the estate may recover for the physical pain and mental suffering the resident experienced before death, as well as economic losses such as medical expenses and lost wages incurred before death occurred.
In nursing home neglect cases, survival damages can be significant. A resident who suffered bedsores, fell repeatedly, or was left malnourished over weeks or months before dying experienced real, compensable harm during that period. Evidence of that suffering — medical records, nursing notes, photographs, and witness statements — forms the evidentiary core of the survival claim.
Count Three: Nursing Home Care Act (210 ILCS 45/3-602)
The Nursing Home Care Act provides an independent statutory cause of action when a facility’s willful or negligent acts injure or cause the death of a resident. Under 210 ILCS 45/3-602, a resident or his or her estate may recover actual damages — and, critically, the Act includes fee-shifting. A prevailing plaintiff is entitled to reasonable attorney fees and costs, a provision that levels the playing field against well-funded nursing home defendants.
The Nursing Home Care Act also incorporates the regulatory standards that licensed facilities are required to follow, including staffing requirements, care-planning obligations, and mandatory reporting. When a facility violates those standards and a resident dies as a result, those regulatory failures can serve as direct evidence of negligence under the statute.
Evidence and the Investigation Process
Building a nursing home wrongful death case requires a thorough review of the resident’s complete medical record, the facility’s staffing logs, incident reports, and any state inspection records or deficiency citations on file with the Illinois Department of Public Health. Expert medical testimony is almost always necessary to establish the standard of care and to connect the facility’s failures to the resident’s death.
Families considering these wrongful death claims in Illinois should act promptly. Illinois generally applies a two-year statute of limitations to wrongful death actions, measured from the date of death, though the Nursing Home Care Act may impose its own limitations periods depending on how the claims are framed. Delay risks losing documentary evidence and can complicate witness availability.
For a complete overview of wrongful death claims in Illinois, visit our dedicated resource page on wrongful death claims in Illinois and how Illinois law applies to your case.
What Families Should Do First
If you believe a family member died because of nursing home neglect or abuse, do not wait for the facility to provide explanations. Obtain the complete medical record as soon as possible — under the Illinois Medical Records Access Act, the estate’s authorized representative is entitled to a copy. Preserve any photographs, written communications with the facility, and the names of staff members or other residents who may have witnessed conditions at the home.
An attorney experienced in nursing home litigation can assess which of the three counts applies, identify the relevant limitations periods, and determine whether the evidence supports a claim for punitive damages under the 2023 amendment to the Wrongful Death Act.
Talk to a Chicago Attorney — Free Consultation
Phillips Law Offices represents families throughout Illinois in nursing home wrongful death and neglect cases. If you have lost a loved one and believe the facility was at fault, contact us to discuss your legal options at no cost. Call (312) 346-4262 or visit our contact page to schedule a free consultation. Attorney review is required before any legal action is taken.