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How long do I have to file a wrongful death case if my parent died in an Illinois nursing home?

The majority of deaths in Illinois nursing homes do not result in wrongful death cases. Wrongful death cases, however, are possible if your loved one died because of the abuse or neglect of nursing home staff. We will assume for purposes of your question that your loved one was abused or neglected and that the facts support your wrongful death claim.

You Typically Have Two Years to File Your Claim

The Illinois statute of limitations generally gives you two years to file a wrongful death claim. That means that your complaint must be filed in an Illinois court within two years of your parent’s death. If you wait longer than two years, then your claim will generally be dismissed by the court and you will not have a legal remedy.

But There Are Good Reasons Not to Wait the Full Two Years

While you may technically have two years to file a nursing home abuse wrongful death case in Illinois, you may want to do so sooner. By taking prompt action you may:

  • Have an easier time finding a lawyer to represent you. It can be difficult to find an attorney when the statute of limitations is about to expire.
  • Make sure that evidence in the case is preserved. It may be easier to find witnesses and other evidence sooner rather than later.
  • Speed up your possible recovery. The sooner you pursue damages, the sooner you may recover damages.

Of course, the first step on the road to recovery is not simply to file a complaint in court. Instead, it is to find out more about your rights. Please browse our related links and free library of articles to learn more.

Jason F. Abraham
Managing Partner, Hupy and Abraham