Nursing Home Abuse FAQ
Answers you can trust from experienced Chicago nursing home abuse lawyers
When nursing home abuse takes place, injury victims and family members often have a lot of important questions. But knowing where to find accurate information can be confusing. Even knowing who to trust might not be clear. That’s why our Chicago nursing home abuse attorneys want to help.
Our dedicated legal team at Ferrell Young, LLC has years of experience handling such complex cases. That’s why we have an in-depth understanding of the laws and the legal system governing nursing home abuse cases.
We know you simply want answers to your important legal questions. You can find them below or by simply contacting us. We can meet with you – free of charge – and give you the information you need to make smart decisions. Schedule your free case evaluation right now at our Chicago law firm. Call us or contact us online. Se habla Español.
What is your nursing home abuse question?
- How common is nursing home abuse?
- What are common types of nursing home abuse?
- Who commits nursing home abuse?
- What causes nursing home abuse?
- Who investigates nursing home abuse in Illinois?
- How does negligence play a role in nursing home abuse?
- Is the nursing home at fault if abuse took place?
- How much is my nursing home abuse case worth?
- Should I accept a settlement claim for my nursing home abuse case?
- Can I sue a nursing home in cases involving abuse?
- How much time do I have to file a nursing home abuse lawsuit in Illinois?
- Why should I hire a nursing home abuse lawyer?
How common is nursing home abuse?
Nursing home abuse happens at an alarming rate. According to the National Council on Aging (NCOA), 1 out 3 older adults living in a nursing home have been victims of abuse. And each year, an estimated 5 million older adults are victims of elder abuse, according to NCOA data.
What are common types of nursing home abuse?
Nursing home abuse usually falls into one of four categories – physical abuse, sexual abuse, psychological abuse and/or verbal abuse. No matter what type of abuse is taking place, injury victims and family members need to act fast. That way, the abuse can stop, injury victims can receive the necessary medical care and our legal team can start gathering evidence in support of a nursing home abuse injury claim or lawsuit.
Who commits nursing home abuse?
Anyone who has access to nursing home residents can commit acts of abuse, including:
- Nursing home staff members
- Fellow nursing home residents
- Visitors to the nursing home
- Workers not employed by the nursing home, such as delivery people or repair workers
What causes nursing home abuse?
Nursing home abuse often involves negligence on the part of the nursing home. Abuse isn’t just the responsibility of the individual abuser. It occurs due to mistakes made by the entire facility, including:
- Hiring nursing home workers without conducting a thorough background check.
- Lack of security at the nursing home, including no security cameras or poor lighting.
- Staffing shortages at nursing homes, resulting in unsafe conditions.
- Inexperienced staff members who don’t know the warning sign.
- Negligent administration.
Who investigates nursing home abuse in Illinois?
Most nursing home abuse allegations in Illinois are investigated by the Illinois Department of Public Health. However, if a crime has been committed, local police or the Illinois State Police might investigate the case.
Either way, it’s important to have an experienced Chicago nursing home abuse attorney conducting an independent investigation into exactly what happened. Other investigations are focused on whether state or federal laws were broken, not whether you and your family are financially compensated.
How does negligence play a role in nursing home abuse?
Nursing homes have a legal responsibility to care for residents living at the facility. This legal responsibility is known as a “duty of care.” When nursing homes fail to act responsibly and nursing home abuse occurs, nursing homes can be held legally responsible for such negligence. Examples include:
- Hiring employees with a history of abuse.
- Not conducting background checks when hiring.
- Lack of security, such as failing to screen visitors.
- Poor lighting and visibility within the facility.
- Understaffing at nursing home, resulting in lack of oversight.
Is the nursing home at fault if abuse took place?
Yes, in many cases, the nursing home can be the at-fault party. This is because nursing homes have a responsibility to care for residents, including protecting them from abuse.
Nursing homes can’t simply say they didn’t know what was happening. They have a legal responsibility to protect residents from harm. And when nursing homes neglect their responsibilities, they can be held liable. In Illinois, this often means that the nursing home is responsible for paying injury victims for financial losses.
How much is my nursing home abuse case worth?
There’s no simple answer to this question. Some nursing home abuse cases are worth thousands of dollars. Others might be worth a lot more money. The bottom line is injury victims should be paid for all their injury-related expenses, now and in the future. Such expenses can include:
- Total cost of all medical care, including future anticipated medical treatments due to nursing home abuse.
- Cost of alternative housing, especially if the resident now needs a higher level of care.
- Pain and suffering in certain circumstances.
Should I accept a settlement claim for my nursing home abuse case?
Don’t accept a settlement without talking to an attorney first. A settlement is a one-time payment – once you accept it, that’s it. Your case is settled and you can’t go back for more. Always get legal advice before taking a settlement offer from the nursing home or their insurance company.
Can I sue a nursing home in cases involving abuse?
Yes. In many cases, you have the right to file a nursing home abuse lawsuit seeking damages (financial compensation). But it’s important to understand that such cases often turn into fierce legal battles. Sometimes, it’s because the nursing home denies doing anything wrong. Other times, it’s the nursing home’s insurance company that puts up a fight and denies your injury claim. Either way, you need to be prepared. This is why you need an experienced Chicago nursing home abuse lawyer assisting with your legal case right from the start.
How much time do I have to file a nursing home abuse lawsuit in Illinois?
It depends on the circumstances, especially if the abuse happened over a period of time instead of a single incident. You usually have up to two years from the date of injury to file a personal injury lawsuit in Illinois, and up to two years from the date of death to file a wrongful death lawsuit. But other deadlines can apply in some situations, and it’s important to start investigating as soon as possible. Talk to an attorney right away.
Why should I hire a nursing home abuse lawyer?
The stakes are high in many nursing home abuse cases. You and your family only have one opportunity to obtain justice. Nursing homes know this. That’s why they often go to great lengths to deny such injury claims.
Our job is to make sure your injury claim or lawsuit gets the attention it deserves. We take great pride in the work we do. That’s because we know what a dramatic difference a successful nursing home abuse claim or lawsuit can make in someone’s life.
Put your trust in a law firm that puts your needs first. Contact us and schedule a free case evaluation with a Chicago nursing home abuse lawyer focused on winning your case. We’re here to help you hold the nursing home accountable for its actions.