Experiencing an injury in a nursing home is heartbreaking for anyone. When you and your dearest ones are placed in these facilities, you trust you will receive proper care and respect. Unfortunately, neglect or abuse can take place. It leads to severe injuries and breaks you or your loved ones emotionally.
Our nursing home injury lawyers will identify the responsible party for your suffering. They will take necessary legal actions and ensure the maximum nursing home neglect settlement for you while you take care of yourself!
What Assistance Can Our Nursing Home Injury Lawyers Provide?
We face all the legal challenges on behalf of the victim. Though many nursing home injury lawyers do not go the full distance, we do everything essential.
Here is how Chicago Injury Lawyer can help:
- We Go to the Detail
Our nursing home injury lawyers will comprehensively investigate the incident, gathering medical records and collecting witness statements. We will also check for surveillance footage and other relevant evidence.
- We Find Out the Negligence
A severe case of negligence or abuse needs to be reported immediately. We will analyze every piece of evidence to determine any neglect or misconduct by the nursing home staff. We will quickly take whatever legal action is required.
- We Provide Particular Expertise
Our expert lawyers offer consultation for simple to complex nursing home neglect settlement cases. We will consult about your rights and guide you on what to do next. Also, we can talk with medical experts to assess the extent of the injuries and determine the appropriate course of action.
- We Protect the Victim’s Rights
Our lawyers will battle for the injured individual’s rights and ensure they receive the necessary care and protection. They will provide guidance and advice on every legal matter. Not only that, but they will describe everything clearly and what to expect ahead of time.
- We File Lawsuit When Necessary
Attorneys in our law firm will file a lawsuit against the nursing home for the injured individual and report every evidence. They will seek maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.
- We Offer Negotiation and Litigation Service
Our nursing home injury lawyers will interact with the insurance service provider on your behalf. They will ensure that you receive a fair settlement. However, if a settlement cannot be reached through negotiation, they will prepare the case for trial.
Chicago Nursing Homes Are One of the Worst in the Country!
Nursing homes in Illinois are ranked as the third worst in the nation. Many of these organizations value profit over patient care.
In Illinois, over 1,200 nursing homes serve 100,000 residents. It creates intense competition and financial pressures that can lead to risky choices. Additionally, a lack of supervision and enforcement of regulations causes low-quality services to continue.
Underestimating risks to residents and a lack of trained staff raise concerns for Chicago nursing homes. These factors contribute to a higher incidence of neglect, abuse, and injuries.
Many residents need help to realize the extent of the problems. Our lawyers can help them convey their poor experiences. They handle these cases with care and ensure patients are not left to suffer in silence.
Incidents in Chicago Nursing Homes We Often Deal With
Nursing home incidents are prevalent in Chicago, including in other states. Here are some common incidents that our clients face:
- Falls
Falls are a leading cause of injury and death among nursing home patients in Chicago. They can result in broken bones, head injuries, and other serious complications. It can happen due to unsuitable staffing or unsafe environments.
- Bedsores
It is also known as pressure ulcers, which develop when residents are immobile for extended periods. They grow from constant pressure on specific body parts, particularly those confined to beds or wheelchairs. It can cause severe tissue damage for patients.
- Medication errors
Medication errors are a common occurrence in Chicago nursing homes. The staff often fail to provide the correct amount of medication or give the medicine at the right time. Such mistakes can have severe consequences like allergic reactions and negative drug responses.
- Infections
Infections are a major threat in nursing homes. It results from poor hygiene or unsanitary practices in a crowded space in nursing homes in Chicago. They contribute to common infections, including urinary tract, respiratory infections, or pneumonia.
- Malnutrition and dehydration
Inadequate nutrition and hydration is also another common concern. Not giving proper nutritional meals can lead to weakness, illness, and other health problems. Nursing homes are intended to take care of health and well-being.
- Assault, Abuse, and neglect
Abuse and assaults, whether physical or verbal, can occur in nursing homes. These incidents can originate from staff negligence or conflicts between residents. Such abuse can lead to physical harm, emotional trauma, and a persistent feeling of fear.
What Injuries May These Incidents in Chicago Nursing Homes Result in?
To clarify further, we have brought up some other nursing home emotional and physical injuries that our Chicago victims experience below:
- Fall-related injury
- Musculoskeletal Injuries
- Cuts and Lacerations
- Burn injuries
- Eye Injuries
- Physical injury or respiratory issues due to chemical restraints
- Dehydration diseases
- Medication error or overdose illness
- Unhygienic illness
- Wounds and blood loss
- Emotional regression or mental disorders
- Joint Injuries
- Repetitive Stress Disorders
- Post-traumatic stress disorder (PTSD)
- Bed sores, pressure sores, and decubitus ulcers
- Sepsis
- Alzheimer’s and other types of dementia
- Wrongful deaths
Things We Recommend Doing After Getting a Nursing Home Injury
You or your family member may feel very confused about what to do after being injured in a nursing home. Here are several things we recommend doing:
- Seek Medical Attention
If you or your loved ones are harmed, prioritize health and safety first. Get medical help immediately, even for minor injuries. Remember to ensure proper treatment and assessment of the injury. It will guarantee recovery and proper compensation later on.
- Document the Incident
Keep a complete record of all the events related to the injury. Gather as much information as possible about the incident’s date, time, and place. Collect names of witnesses and note conversations with staff about your injury. We highly suggest taking photographs of the injuries and the incident scene. Also, include the details of the injury and any treatment received in the document.
- Report the Incident
Inform the nursing home staff about the incident and injury right away. Request a written report to confirm the incident is documented in the facility’s records. Also, you should report the incident to the state’s Adult Protective Services agency.
- Consult with an Attorney
If your injury is severe or your rights are violated, consider speaking with a lawyer experienced in nursing home cases like ours. We can guide you on potential legal actions, understand your rights, assess the strength of your case, and negotiate with the insurance company.
- Preserve Evidence
Do not lose any evidence of the incident, such as medical records, photographs, and witness statements. It will make your case less convincing.
- Avoid Making Statements
Without consulting us, do not discuss the incident with the nursing home staff or insurance representatives. They will use that information against you.
- File a Claim
After discussing the level of injury and assessing medical reports, we will tell you whether you need to take legal steps to compensate. If you choose to pursue legal action, our nursing home injury lawyers will file a claim against the nursing home on your behalf. So that you can focus on receiving appropriate medical care and continuing treatments.
Nursing Home Injury Facts and Statistics
Nursing home abuse is alarmingly common in the U.S., with most cases going unreported. More than 10,000 cases are reported annually. Here are some other facts and statistics:
- At least 10% of adults over the age of 65 suffer from a minimum of one type of abuse each year, according to the U.S. Department of Justice.
- Only 1 out of every 14 elder abuse cases gets reported to the appropriate authorities, according to the New York State Office of Children and Family Services.
- The primary forms of abuse in nursing homes are physical abuse (29%), resident-to-resident abuse (22%), gross neglect (14%), financial abuse (7%), and sexual abuse (7%).
- A study by Hawes et al. found that 40% of staff reported committing at least one act of psychological abuse in a year. This included yelling, swearing at residents, isolating them inappropriately, and denying food.
Why Do You Need Compensation After a Nursing Home Injury?
If you or your family has suffered from physical harm in a nursing home in Chicago, you must seek compensation for various reasons. Such accidents often result in massive medical expenses, including hospital admission, surgery, medication, and caregiving. They result in pain, emotional distress, and loss of life enjoyment.
Usually, compensation is intended to relieve some financial costs associated with these losses. It can ensure that these nursing homes are held responsible for their actions and the services are improved.
However, the Comparative Negligence rule applies if you are partially responsible for the injury, which is not that likely. According to the Illinois 735 ILCS 5/2-1116 act, an injured party can recover damages only if he/she is less than 50% at fault for the injury or damages.
What Kind of Compensation Is Possible for Nursing Home Injuries in Chicago?
You deserve an average settlement for nursing home neglect, especially in cases involving severe injuries. According to the Nursing Home Care Act (210 ILCS 45) in Illinois, the victim gets compensation for penalty violations, including civil and criminal penalties. It ensures safety for residents injured in nursing homes.
Also, the Illinois Wrongful Death Act (740 ILCS 180) permits the family members of a dead person to seek financial compensation when the death is caused by another’s wrongful Act, neglect, or default in nursing homes.
Moreover, filing a lawsuit will provide significant economic and non-economic damage compensation. Such as:
| Economic Damages | Medical billsLost wagesResettlement costsOther losses |
| Non-Economic Damages | Physical painEmotional distressLoss of companionship and intimacy, Loss of quality of lifeEmotional supportPunish the nursing homePrevent future wrongdoings |
Evidence Required to Sue for Nursing Home Injury Compensation
Gathering enough evidence to support a nursing home injury claim is critical. As the victim, it is your responsibility to provide proof. Our lawyer will also assist you with gathering as much evidence as possible. Here are some examples of evidence you will need to make a strong claim:
- Medical records
- Photos of injuries
- Incident reports
- surveillance footage, if accessible.
- Quotations and offenses by government agencies.
- Witnesses include nursing home caregivers, family members, visitors, and other residents.
- The autopsy report in the event of a wrongful death claim.
How Long After Can You File a Nursing Home Injury Claim?
In Illinois, you usually have a fixed timing from the day the injury occurs to bring a case for a nursing home injury. It is referred to as the statute of limitations. The Illinois Compiled Statutes (735 ILCS 5/13-202) convey that the statute of limitations for personal injury claims, including nursing facility injuries, is 2 years.
However, there are some exceptions to this:
- If the injury or damage was hidden, the two-year window may begin on the date that it was discovered.
- The nursing home facilities operated by the government may also have a shorter statute of limitations, usually one year.
We advise contacting a lawyer immediately to ensure you meet the deadline.
Receive Feedback From Our Satisfied Clients
Pay attention to our clients’ stories of nursing home injury. They pointed out how we have assisted them in securing the respect and justice to which they are entitled.
Request a Free Consultation Now!
Do not grieve any mistreatment from nursing homes by yourself! If you or a family member have experienced injury as a result of nursing home injustice, we are here for you! Our Chicago nursing home injury attorneys are available to provide you with the assistance you require. Contact Chicago Injury Lawyer to receive a complimentary consultation and allow us to speak on your behalf for your rights!
For a free legal consultation, call 312-261-5656Frequently Asked Questions
Who pays the compensation for a nursing home injury in Chicago?
In Chicago, compensation for nursing home injuries is typically paid by the facility’s insurance company or the facility itself if found liable for negligence or abuse.
What are the red flags in a nursing home?
Red flags in a nursing home involve poor hygiene, malnutrition, unexplained injuries, medical error, understaffing, crowded spaces, and resident complaints.
Who governs nursing homes in Chicago?
The Illinois Department of Public Health (IDPH) is the primary agency governing nursing homes in Chicago. They regulate and supervise nursing homes to ensure they meet specific standards of care and safety.
