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THE ILLINOIS HAMMER
Chicago Nursing Home Abuse Lawyer
If you’ve made the difficult decision to place a family member in a nursing home, you probably have many conflicting emotions weighing on you. On top of everything else, you should not need to fear for your loved one’s safety. Unfortunately, too many nursing homes put profits over care, exposing their residents to abuse or neglect.
When nursing homes violate their duty to provide proper care to their residents and keep them safe, they also betray the trust families have placed in them. Victims and their families are entitled to seek justice and compensation for the harm. However, proving nursing home abuse can be difficult because of the various complex factors involved. Therefore, finding experienced and knowledgeable representation is critical.
The experienced Chicago nursing home abuse lawyers with The Illinois Hammer Injury Attorneys are dedicated to protecting our community. We’re passionate about defending the voiceless and will fight relentlessly to bring accountability to those who hurt them. If you believe a loved one has been abused or neglected in a nursing home, contact us online or call 888-742-6637 today for a free case consultation.
Why Should You Trust Us For Your Chicago Nursing Home Abuse Case?
The Illinois Hammer Injury Attorneys earned its name by spending more than 30 years hammering insurance companies until they pay our clients every penny they deserve.
We bring great compassion for our clients. Our team has a vast amount of resources to help ease your worries. We can help you find medical treatment if necessary or assist with securing a loan within 24 hours to cover pressing expenses. We’ll also visit you at home or in the hospital, so you don’t have to worry about coming to us.
We know our clients’ finances are often strained. That’s why we work on a contingency fee basis. We don’t get paid unless you do, and you won’t owe us anything upfront. If you’re unhappy with our services, we also offer a 30-day satisfaction guarantee, allowing you to take your case elsewhere.
“To me, being an attorney means giving a voice to those who are severely underrepresented in this society. To me, this means that you are sometimes the only person in that client’s corner. They need to know that you are there for them, and I always will be.”
What Should I Do If My Loved One Is Being Abused Or Neglected?
If you suspect nursing home abuse, gather as much evidence as you can to document it. Keep detailed notes of any incidents, take pictures of your loved one’s living spaces, and get contact information from potential witnesses.
If your family member needs medical attention as a result of abuse or neglect, get them treatment as soon as possible. Keep any medical records or findings that could support your claims.
You can report the abuse to the Illinois Department of Aging and its Long-Term Care Ombudsman Program, which oversees nursing home conditions in the state. An abuse report can spur official action and create a valuable paper trail supporting your claims.
Our trusted Chicago nursing home abuse attorneys can help you explore your legal options and guide you through documenting and responding to suspected elder abuse or neglect.
What Are Some Signs of Nursing Home Abuse or Neglect?
Nursing home residents are vulnerable to several different types of abuse and neglect, including physical, emotional, financial, and sexual abuse. The following are some signs to look out for if you suspect your loved one is being mistreated or neglected:
Physical Abuse
Physical abuse can be common but also tends to be more visible than other types of mistreatment. Victims can have unexplained injuries like bruises, cuts, or even broken bones as a result of being hit or treated roughly by staff or other residents. Marks around the wrists and ankles might indicate that a resident was unnecessarily restrained.
Emotional Abuse
Nursing home residents are often left at the mercy of their caregivers, giving abusive staffers the ability to verbally humiliate, threaten, or intimidate them.
Sudden changes in your loved one’s personality could signal an emotional response to emotional abuse. Watch for signs of irritability, social withdrawal, depression, or anxiety, as these may all be reactions to emotional abuse.
Financial Abuse
Nursing home residents are vulnerable to financial exploitation by staff, other residents, or even family members. Thieves may take advantage of residents by stealing their valuables, making unauthorized or coerced bank transfers, or manipulating them into changing their will or other legal documents.
Be on the lookout for missing funds or property, unexplained transactions or withdrawals from accounts, and changes to your loved one’s financial picture. Unpaid bills could indicate something is wrong.
Sexual Abuse
On top of other types of mistreatment, vulnerable nursing home residents are also at risk of sexual exploitation. Predatory caregivers might take advantage of their patients, and staff could ignore the actions of an abusive resident and refuse to protect others.
Look for other signs of physical and mental abuse, including bruises or irritation around the genital areas. Unexplained sexually transmitted infections may also be a sign of sexual abuse.
Neglect
Sometimes, the worst thing a caregiver can do to a nursing home resident is nothing. Some residents might not get the attention and care they need at understaffed facilities, where workers can be overwhelmed, inexperienced, or careless.
Poor hygiene, bedsores, damaged or dirty clothing, and unsanitary living spaces are signs your loved one might be neglected. Sudden weight loss, missing medications, and untreated injuries can also signal inadequate care.
What Damages Can I Recover From a Nursing Home Abuse Lawsuit in Chicago?
Victims of nursing home abuse and their families can pursue economic damages to compensate for quantifiable losses, like medical bills and therapy costs, and non-economic damages to compensate for the more subjective impacts, like emotional harm, pain, and suffering.
Punitive damages are also potentially available in Chicago nursing home abuse cases, as the injuries often result from gross negligence or intentionally malicious behavior. If you prove the nursing home’s actions were particularly egregious, you can receive an additional award to punish the defendant and deter future misconduct.
If your loved one has died from nursing home abuse, you may also be eligible to recover compensation through a wrongful death claim. Potential damages include burial costs, grief, and loss of your relationship.
How Can You Prove Nursing Home Negligence in Chicago?
Who’s Liable In a Nursing Home Abuse Case?
While caretakers and staff members can be held accountable for abuse or neglect, the nursing home itself is ultimately responsible for its policies, practices, and employees. The Illinois Nursing Home Care Act provides that the facility’s owner and licensee are liable for any injuries to residents caused by the actions of their staff.
In addition, the facility can be held liable for its own negligence, such as failing to implement proper security measures, understaffing, or inadequate supervision.
Common Challenges Faced When Attempting to Prove Abuse in Nursing Homes
Finding clear, straightforward evidence of nursing home abuse can be tricky. Without other context or documentation, injuries potentially caused by abusive staff could easily be attributed to old age or health conditions.
If the victim has memory issues or is no longer mentally sound, the nursing home could undermine the legitimacy of any claims they make. In many cases, the victim dies before testifying about their abuse.
If you can’t gather convincing evidence, getting the nursing home or its staff to accept any responsibility will also be difficult. High turnover in some facilities can make it harder to find witnesses who will speak to any abusive actions or point you in the right direction.
How Can Our Chicago Nursing Home Abuse Attorneys Help?
The trusted nursing home abuse lawyers at The Illinois Hammer Injury Attorneys can handle every step of the claim process for you, allowing you to keep your focus on your family and healing from what you’ve endured.
Your attorney will investigate your claim and gather evidence to build the strongest case. They will then formally notify the other parties and engage in settlement negotiations. Our lawyers are highly skilled negotiators who will fight hard to get you what you deserve, so if we can’t reach a fair settlement, we will file a lawsuit and take your case to court.
Our lawyers will handle your case with genuine care and personal attention. We will gladly answer any questions you have and will do whatever we can to keep you as worry-free as possible along the way.
“I was very impressed with the attention, care, and professionalism I received from Bradley and his team. All of my questions and doubts were addressed from the very beginning and I was updated in a timely manner about all the proceedings. They really fought for me and were able to settle my case for much more than I expected”
– D.E.
Chicago Nursing Home Abuse - Frequently Asked Questions
Here are some common questions we receive from potential clients about nursing home abuse cases.
How Long Do I Have To File a Chicago Nursing Home Abuse Lawsuit?
Illinois’ statute of limitations for personal injury lawsuits sets the filing deadline at two years after the date of the injury. If the victim is or becomes disabled, that deadline can be paused until the victim’s legal disability status is lifted. If they remain disabled until their death, the victim’s estate or representatives can bring a claim on their behalf within two years of their death.
Who Can File a Nursing Home Abuse Lawsuit?
Nursing home patients themselves can bring claims that they were neglected or abused. If they have a disability or cannot make their own legal decisions, a personal representative can pursue a claim on their behalf.
If neglect or abuse leads to the death of a nursing home resident, close family members like a spouse or child can bring a suit under the Illinois Wrongful Death Act.
How Long Does a Nursing Home Abuse Case Take in Chicago?
Depending on the severity or complexity of the allegations, most Chicago nursing home abuse cases will take between 18 months to two years to resolve. A case can take shorter or longer depending on a variety of factors. A knowledgeable Chicago nursing home abuse lawyer can help walk you through the different factors that could impact the timeline of your case.
You Call, We Hammer - Reach Out to Us Today
If you’re looking for justice after your loved one was abused or neglected in a nursing home, you’re going to want a law firm that won’t rest until those responsible are held accountable. We’re ready to fight tenaciously to get the compensation and peace of mind you deserve.
Call The Illinois Hammer Injury Attorneys today at 888-742-6637 for a free case consultation.
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