I'm very sorry for your loss, but before you start mentally splitting the potential money, has a local nursing home lawyer told you that there was negligence? Have a local nursing home abuse lawyer order the records to investigate. Who can sue is found under the state wrongful death statute which you can google.
The answer depends on the wrongful death and survival statutes of the state you live in. Some states allow relatives other than children to sue for wrongful death. You will have to see a lawyer to find out who can file and recover in your brother's case.
Before you start making arrangements for money that may or may not be awarded, you need to speak with a lawyer to learn whether you have a viable action which is worse pursuing. Then you would need to file the action and wait probably years while the case courses it way through the court system. Slow down. Speak with one or more lawyers to decide whether you actually have an action which can be pursued. The emotional damage you indicate has been the fault of your family and not the nursing home. You all need to relax.
I am sorry for your loss. The family needs to consult with a nursing home abuse and neglect attorney regarding the care your brother received. The ultimate goal is to hold the nurshig home accountable for any wrongdoing not only to compensate for the loss of your brother but also to prevent this from happening to someone else in the future.
Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.
Nursing home and wrongful death cases are complex. As many of the above have stated. You need to consult with an experienced attorney familiar with nursing home abuse and neglect claims.
Your best answers will come from IL licensed attorneys. It truly depends on the State laws. Usually spouses, parents and children of the decedent are the beneficiaries entitled to any proceeds. First, hire an experienced attorney who can investigate and determine whether there is a case. Then you have a 1-2 year period while discovery is being done and hopefully either settle or get a trial date after that. If you are successful, then a judge decides how the proceeds are distributed. You needn't worry about setting up a trust, as the money will be a protected account. All deaths have an element of emotional distress, but the first step is to hire counsel to see if you have a case.
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