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The Illinois Hammer

Illinois Nursing Home Abuse Lawyer

Nursing home abuse is heartbreakingly common and can cause an already-vulnerable victim to endure severe injuries, emotional trauma, or dire financial consequences. Discovering that your loved one has been mistreated in a facility you trust to care for them can be devastating.

Unfortunately, nursing home abuse cases can be tough to prove. The experienced Illinois nursing home abuse lawyers with The Illinois Hammer Injury Attorneys know the difficulties that arise in these cases and can help you win the justice and peace of mind you and your family deserve. Contact us online or call today for a free consultation.

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Content Reviewed by: Bradley Dworkin

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Why Choose Our Illinois Nursing Home Abuse Lawyers?

We’re called The Illinois Hammer because of our proven success in fighting and winning for personal injury victims—we relentlessly hammer insurance companies until we win the compensation our clients deserve. We’ve recovered more than $500 million in verdicts and settlements, securing $85 million for our clients in 2024 alone. 

Over our 30 years of dedicated legal practice, we have handled countless Illinois nursing home abuse cases. Through aggressive advocacy and a commitment to maximizing client compensation, we’ve achieved a 97 percent case success rate.

We understand the financial strain personal injury victims face, and that’s why we work on a contingency-fee basis. That means you won’t owe us anything upfront, and we won’t get paid unless you do. We also offer a 30-day satisfaction guarantee, allowing you to take your case elsewhere without any commitments if you’re unhappy with our services.

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5 star

“The Illinois Hammer Law Firm fought for me when nobody else would. Domenic and his staff always kept me informed. They always returned my calls and emails in 1 day or less. I appreciate everything they did for me.”

Chris A.

Types of Nursing Home Abuse and Warning Signs

Nursing home abuse can come in several forms, and warning signs can be blatant or subtle, depending on the circumstances. Here are the different types of nursing home abuse and red flags to look for:

Physical Abuse

Unexplained bruises, cuts, or other injuries could indicate that your loved one is being physically abused. Sudden behavioral changes also can point toward physical abuse, including fear of certain staff members or a reluctance to speak openly about their experiences. Frequent “falls” can also be used as excuses for injuries caused by abusive actions.

Sexual Abuse

If your loved one appears to undergo a sudden emotional withdrawal or has unexplained genital injuries, sexually transmitted infections, or torn or bloody clothing, they may be experiencing sexual abuse. 

Emotional Abuse

Emotional abuse, or verbal humiliation or intimidation by staff or other residents, is typically marked by a resident’s withdrawal from usual activities and an increase in symptoms of anxiety or depression. The victim may also be unusually silent or irritable and display signs of fear or submission around certain individuals. 

Financial Exploitation

Nursing home residents can become financial-abuse victims when caregivers, family members, and others take advantage of them for monetary gain. Sudden balance changes or unexplained transactions in your loved one’s accounts, missing personal items, and isolation from family decision-making can be signs of financial exploitation. 

Neglect

When nursing home staff fail to adequately care for residents, they can show signs of neglect, such as malnutrition or dehydration. Untreated bedsores, poor personal hygiene, or unexplained medication errors can point to neglectful caretakers. 

What Compensation Can I or My Loved Ones Recover from a Nursing Home Abuse Lawsuit in Illinois?

The amount of compensation available in an Illinois nursing home abuse case will vary depending on the circumstances and what damages you’re able to prove. Victims can recover compensation for both economic and non-economic damages. 

Economic damages are direct financial losses stemming from the abuse, including medical bills, costs of relocation, or stolen funds or property. Non-economic damages are intangible impacts on the victim’s quality of life, including pain and suffering, emotional trauma, and loss of dignity. 

In cases of extreme negligence or intentionally malicious actions, a court may award punitive damages to the claimant to penalize the liable party for its behavior. 

The average settlement for nursing home abuse claims is roughly $406,000. However, many cases have netted higher payouts for victims. Our skilled Illinois nursing home abuse attorneys know how to build a strong case and fight to maximize your compensation.

Who Can File a Nursing Home Abuse Lawsuit?

Nursing home abuse victims can file a lawsuit themselves if they’re able to make their own legal decisions. However, in circumstances where the victim has a disability or is not of sound mind, their legal guardians or close family can bring a suit on their behalf. 

In wrongful death cases, the representative of the victim’s estate has the right to sue for damages resulting from the deceased’s death.

Who Can Be Held Liable for Nursing Home Abuse?

Multiple parties can potentially be held responsible in an Illinois nursing home abuse case, including:

  • The facility’s staff who participated in the abuse or ignored abusive actions by other residents
  • The facility’s ownership or management is liable for the actions of employees or for their own actions or omissions that contribute to the abuse
  • On-site medical professionals who were neglectful or abusive in their care
  • Third-party contractors who participated in, facilitated, or allowed the abuse

Our knowledgeable Illinois nursing home abuse lawyers can help you identify every liable party and hold them accountable for your loved one’s treatment.

Understanding Illinois Nursing Home Abuse Laws and Your Rights

The Illinois Nursing Home Care Act outlines the legal rights of long-term care residents and guarantees all protections outlined under state and federal law. Residents have a right to care that is free of abuse, to make decisions regarding their care, and to report abuse or neglect without retaliation. 

The act also makes nursing home employees or agents mandatory reporters required to disclose cases of potential abuse or neglect to the Illinois Department of Public Health and the facility administrator immediately. If the report involves theft or misuse of a resident’s property, the administrator must disclose the incident to the department, the resident’s representative, and law enforcement. 

The act’s web of rights and responsibilities can be confusing and imposing. However, our knowledgeable Illinois nursing home abuse attorneys can help walk you through key provisions and protect the rights of you and your loved one.

Factors That Affect Your Claim

Clear evidence of liability and sufficient medical documentation can help you build a strong claim. Conversely, your claims may be hard to prove without that evidence. Your ability to demonstrate the severity of harm inflicted on your loved one will significantly impact your case’s success and how much compensation you can recover. 

An existing record of facility violations can support your case and potentially shorten the legal process. Institutional failures arising from decisions that prioritize profits over proper care, such as understaffing, poor training, or negligent hiring, often lead to abuse and neglect.

Wrongful death cases also can involve a host of separate factors related to the victim’s estate, representatives, and surviving legal claims. If you have questions about wrongful death claims, consult with our nursing home abuse lawyers in Illinois today for a free consultation.

Illinois Statute of Limitations for Nursing Home Abuse

Illinois generally gives nursing home abuse victims two years after an incident to file a personal injury claim. There are some exceptions to this deadline, including for those with cognitive impairments or those who discover the harm later. However, it’s important to get started on a claim promptly when the evidence is strongest.

Missing the filing deadline will likely prevent you from being able to recover damages. Our dedicated Illinois nursing home abuse lawyers can help you file a timely claim and secure the compensation you deserve.

What to Do If You Suspect Nursing Home Abuse in Illinois

If you believe your loved one is being abused in their nursing home, it’s important to take action immediately. Here are important steps to take when you suspect nursing home abuse:

  1. Document Evidence –Take photos of any visual signs of abuse and keep any physical evidence, including torn clothes. Be sure to obtain your loved one’s medical records and any relevant incident reports maintained by the facility. 
  2. Report the Abuse – Talk to facility staff and determine how to file an internal report. You can also visit the Illinois Department of Public Health’s website to file a complaint online
  3. Remove Your Loved One If Needed – If your loved one is in immediate danger, prioritize their safety by relocating them to a secure environment, even if it’s temporary.
  4. Contact a LawyerTalking to an experienced Illinois nursing home abuse attorney immediately can help uncover and preserve crucial evidence while it’s fresh, increasing the chances of a successful recovery.

How an Illinois Nursing Home Abuse Lawyer Can Help

An experienced attorney can help you navigate each step of the claims process, reducing the stress and allowing those affected to focus on healing. Your lawyer can:

  • Investigate the abuse, collecting evidence to piece together a full picture of what happened and prove your claims
  • Consult experts like medical and care professionals to bolster your case
  • Negotiate settlements, handling all communications with liable parties and their insurers to get you a fair deal
  • Represent you at trial if needed, fighting against stubborn defendants until they pay you what you deserve

Get a Free Consultation with Our Experienced Illinois Nursing Home Abuse Lawyer

At The Illinois Hammer Injury Attorneys, we understand the emotional pain, trauma, and feelings of betrayal experienced by nursing home abuse victims and their families. Our compassionate nursing home abuse lawyers have the experience, knowledge, and dedication necessary to hold those responsible accountable and win you the justice you deserve. 

Contact us today at 888-742-6637 to schedule a free, confidential consultation.

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