Too many Chicago nursing home residents suffer from elder abuse or neglect, which has severe impacts on victims and their families. Various forms of abuse exist, like physical harm, emotional manipulation, neglect of basic needs, or even financial exploitation. These actions often leave loved ones feeling helpless as they seek justice and protection for vulnerable family members.
Our elder abuse lawyers in Chicago are here to help you take immediate action. Call us today for compassionate guidance and a strong legal approach to holding abusers accountable.
How We Protect Helpless Seniors
Discovering that a loved one has suffered physical or financial abuse by a caregiver or family member is profoundly shocking and upsetting. Chicago Injury Lawyer works hard to protect citizens who are unable to protect themselves.
We efficiently assist people whose loved ones have:
- Injured physically or abused sexually by a caretaker
- Unlawfully pressured into making changes to a will or trust
- Abused or exploited financially
Abuse, financial exploitation, and negligence require urgent legal action. Our elder abuse advocates in Chicago are committed to providing professional, effective legal services for elder abuse when emergencies arise.
Understanding Elder Abuse and Rights Under the Law
The National Center on Elder Abuse recorded that among adults aged 60+ in the U.S., 1 in 10 reported abuse in the previous year. They also identify senior citizen abuse as a growing problem for our aging population. Elder abuse is also known as a “hidden epidemic,” occurring behind closed doors without being reported to authorities.
A variety of definitions are available regarding elder abuse and senior neglect. In general, domestic elder abuse occurs when someone with a special relationship abuses an elder. This can be a spouse, child, sibling, friend, or caregiver.
Other people who come into interaction with elderly people may also abuse them. For example, service technicians or representatives of other service or retail companies. Telephone and financial scams are also recognized forms of abuse.
Elder abuse laws in Chicago protect vulnerable seniors by covering various forms of abuse, including physical, emotional, and financial misuse, as well as neglect. Elder abuse laws exist to safeguard seniors from these harmful actions and hold perpetrators accountable for violations of these protections.
What Should I Do If I Know A Victim of Elder Abuse?
If you know someone who is a victim of elder abuse in Chicago, there are steps you can take to protect them.
Report the abuse to the Department of Aging’s Adult Protective Services (APS) by calling their hotline at 1-866-800-1409 (toll-free) or 1-888-206-1327 (TTY). APS can investigate the claim, provide resources, and work with local authorities to ensure older adults’ safety.
If you suspect immediate danger or a crime has been committed, contact local law enforcement immediately. Adult Protective Services will keep your name confidential if you request it.
Gathering evidence can be helpful for any future investigation. Document any visible injuries, keep records of incidents, and save any related communications. An elder abuse attorney in Chicago can guide you through legal actions, including filing a claim against those responsible. This may involve pursuing claims against caregivers, nursing homes, or even family members.
Exploring the Different Types of Elder Abuse
If you or someone you know has experienced elder abuse, having a lawyer by your side can be essential. Elder abuse can come in various forms, each requiring a unique approach to address and stop it:
Physical Abuse
It is physically abusive to hit, slap, kick, grab, push, or pull an elderly adult to discipline them or to get their attention. A physical abuse victim may have lacerations (cuts), contusions (bruises), sprains, and fractures (broken bones).
Emotional Abuse
It is emotional abuse when a person causes mental pain, anguish, or distress to another person in verbal or nonverbal ways. This includes criticizing, threatening, humiliating, scolding, or harassing older adults. Emotional abuse may not leave visible scars but can lead to mental distress and depression.
Sexual Abuse
Sometimes, older people are affected by violent or unwanted sexual activity. They include forcing someone to watch sexual activity and pornography, which defines sexual abuse. It can consist of nonconsensual sexual relations (rape), touching or groping the female genitals or breasts, or perhaps unwanted kissing.
Note: People with dementia or other disabilities cannot legally consent to sexual contact, so it’s a form of sexual abuse.
Financial Exploitation
Financial exploitation involves illegally taking, using, or hiding an elder’s funds, property, or assets. This action benefits the exploiter while harming the elderly financially. It also includes unfairly manipulating an elderly adult into changing their will or beneficiary designation on insurance policies.
Neglect and Deprivation
When seniors are deprived of basic needs like food, water, and medical care, this is neglect. Signs include weight loss, bedsores, and poor hygiene. A lawyer can work to document neglect, secure proper care, and pursue damages compensation.
Abandonment
Caregivers who leave seniors without proper supervision or assistance are guilty of abandonment. A legal team can ensure better care is provided and help hold those responsible accountable.
Our skilled elder abuse lawyer can thoroughly investigate each abuse form, working alongside medical and financial experts to build a solid case. They protect seniors’ rights and restore their safety, security, and dignity.
Signs of Nursing Home Negligence and Abuse
Signs of nursing home abuse and negligence can be both physical and behavioral. There are several indications that an assisted care facility may have been neglected or abused:
- Malnutrition or dehydration
- Denying access to residents’ visitors or delaying their visits
- The staff won’t let a resident be alone with a visitor
- Unexpected bruises, burns, cuts, sprains, or fractures
- Frozen joints, bedsores, or pressure sores
- Genital infection or venereal disease
- Possessions or belongings lost
- Unexpected withdrawals from bank accounts
- Changes to banking practices
- Any sudden changes to will or financial documents
- Sudden behavior changes.
Who Can Be Legally Responsible for Nursing Home Abuse?
Nursing homes often neglect residents because of their policies or fail to perform their duties. You can hold staff accountable, but you might need others involved, as they may not be the only ones responsible.
The nursing home will be liable for neglect under substandard policies and failure to ensure its staff is qualified and competent. Similarly, nursing homes are responsible when their employees perform their work tasks negligently.
The Illinois Civil Jury Instructions explain vicariously liable actions and agency rules for nursing home staff members. It is crucial to hold the nursing home accountable.
How Much Compensation Can A Victim Expect from a Nursing Home Neglect or Abuse?
Compensation depends on the injury’s severity and whether you settle out of court or go to trial. However, a victim should seek compensation for both economic and non-economic losses.
Economic losses are usually compensated by paying medical bills and costs resulting from nursing home neglect or abuse. You may also be able to request a refund for nursing home care.
There is also the possibility of damages, including pain and suffering and emotional distress compensation. If nursing home neglect led to a loved one’s death, wrongful death damages might be available.
If the nursing home’s behavior was heinous, “punitive damages” may be awarded to the plaintiff. In addition to compensating the victim, punitive damages seek to punish and deter future misconduct by the defendant.
Signs of Elder Financial Abuse
Abusers target the elderly and helpless people. Financial exploitation of elders can occur from family members, caregivers, or strangers. If you are informed, then you can identify the abuse that they are suffering:
- Excessive withdrawals from accounts
- Surprising changes in property wills or powers of attorney
- Unpaid bills
- Personal items, valuables, or property are missing
- Spending more time alone
- Being suddenly close to someone
- Carelessness
- Manipulation or coercion in financial matters
Legal Options for Elder Abuse
In Chicago, there are multiple legal paths to seek justice and protection if you or your loved one suffers elder abuse. The following options are available:
Civil Lawsuit
Families and victims can seek compensation through civil lawsuits. Abuse includes physical, emotional, sexual, and financial abuse, as well as neglect. The damages will cover medical costs, emotional distress, loss of companionship, and wrongful death expenses.
Protective Orders
If the victim needs immediate protection, courts can issue protective orders. According to the court’s assessment of ongoing risk, these orders can be temporary or extended.
Criminal Charges
When abuse is extremely serious or constitutes a crime, attorneys can file criminal charges against the abuser. Fines, imprisonment, or probation may punish the offender in criminal cases.
Illinois Department on Aging (IDoA) Reporting
The Adult Protective Services Program investigates elderly neglect, abuse, and exploitation. Through IDoA, you can report suspected abuse and protect senior citizens.
Nursing Home Abuse Lawsuits
When abuse occurs in a nursing home, Illinois law allows families to file lawsuits specific to nursing home abuse. These cases hold facilities accountable for failing to provide proper care and violating residents’ rights.
Our professional advocate can assist with utilizing complicated laws, ensuring claims are filed on time, and gathering evidence to build a solid case against the abuser.
Statistics on Elder Abuse
According to the Illinois Department of Health, 738 licensed long-term care facilities exist.
The National Center on Elder Abuse (NCEA) states that 1 out of every 10 older Americans is abused or neglected, as we described above.
According to the Illinois Department on Aging (IDoA), more than 100,000 residents live in skilled, intermediate, supportive, and assisted living care facilities.
However, only 1 in 5 elder abuse cases are reported. It is challenging to identify elder abuse and neglect at the national level, says the NCEA. It’s even harder to find state-level statistics.
Contact Us For Honest, Reliable, and Compassionate Legal Services
Elder abuse cases can be complex. With extensive experience and knowledge of elder abuse laws, our elder abuse lawyer in Chicago can help. For elder abuse representation, schedule a free consultation online. We will inform you on how to proceed with your case and how to shape the best possible outcome.
Frequently Asked Questions
Who is the Most Common Elder Abuse Victim?
According to the National Institute on Aging (NIA), “women” are most likely to experience elder abuse. However, anyone can abuse an older adult. Statistics show that nursing home residents who need help with basic tasks, like dressing or bathing, and those with mental issues like dementia are at higher risk of abuse. Residents without nearby family support may also be more vulnerable to neglect or mistreatment.
How are Nursing Homes Most Commonly Abused?
Emotional mistreatment makes up the majority of nursing home abuse. Recent statistics indicate that 81% of nursing home staff have reported that other co-workers have emotionally abused residents.
What is the Statute of Limitations On Elder Abuse in Chicago?
The Illinois elder abuse statute of limitations sets a deadline for filing a lawsuit for nursing home abuse or neglect. This time limit applies to all cases in nursing homes and assisted living facilities.
If you are the victim of nursing home abuse or neglect in Illinois, you generally have “two years” to file a lawsuit. If you fail to file a lawsuit before the time runs out, your injury claim may be lost.
What Age is Considered Elderly?
Traditionally, individuals aged 65 and older are considered “elderly.” This classification stems from historical norms and policies that often define retirement age and eligibility for certain benefits.
In 1987, there were over 30 million elderly people in the United States, making up more than 12 percent of the nearly 252 million total population. This significant number highlights the growing demographic of seniors in the country.
