When a nursing home in the Waukegan area harms your loved one, the law provides several categories of damages designed to make the victim whole and, in serious cases, to punish the facility. Let me walk you through what is on the table.
Medical expenses come first. Every dollar spent treating the injuries caused by the nursing home's negligence is recoverable. That includes emergency room visits, hospitalizations, surgeries, medications, rehabilitation, and ongoing care. If your parent developed a stage four pressure ulcer because the facility failed to reposition them, the cost of treating that wound, which can run into tens of thousands of dollars, is part of the claim.
Pain and suffering is where the numbers get significant. Your loved one experienced physical pain, emotional distress, fear, anxiety, and loss of dignity because the people who were supposed to care for them failed. Illinois does not cap non-economic damages. A jury decides what that suffering is worth based on the evidence. In nursing home cases, where the victims are often elderly and vulnerable, juries tend to take the harm very seriously.
Loss of a normal life captures what your loved one lost beyond just the physical pain. The ability to walk independently. The ability to feed themselves. The ability to enjoy activities they used to love. When a fall in a nursing home results in a hip fracture and your parent never walks unassisted again, that loss of independence and quality of life has a value that a jury can award.
Here is where the Illinois Nursing Home Care Act, 210 ILCS 45, gives victims a powerful tool. The Act creates a private right of action specifically for nursing home residents who have been abused or neglected. It allows for compensatory damages, and critically, it allows for punitive damages in cases involving willful and wanton conduct. Punitive damages are not about compensating the victim. They are about punishing the facility and sending a message that this behavior will not be tolerated. When we can show that the facility knew about the staffing problem, knew residents were at risk, and chose to save money instead of hiring more staff, punitive damages are on the table.
The Nursing Home Care Act also provides for reasonable attorney fees to be paid by the facility. This is unusual in personal injury law and it reflects the legislature's recognition that nursing home residents are a vulnerable population who need access to legal representation.
Wrongful death damages are available when the negligence or abuse results in the death of a resident. Under the Illinois Wrongful Death Act, 740 ILCS 180, surviving family members can recover for their grief, loss of companionship, and the loss of the relationship with their loved one. There is no cap on these damages in Illinois.
Illinois law gives nursing home abuse victims and their families real tools to hold facilities accountable. But you need a lawyer who knows how to use them. Call me at 312-500-4500. Free consultation, any time.
Retirement home take care of our ill and senior. We rely on nursing houses to take care of those people who can not care for themselves. In some cases, we do not have the cash, the space, or the medical knowledge to look after our loved ones ourselves.
When we turn to a nursing home to care for our loved ones, it is hardly ever a delighted option for us.
When retirement home breaks security guidelines and injures nursing home residents , it is a betrayal. Nursing home owners are normally multimillion dollar corporations. They get rich from running the nursing home.
When they cut corners and nursing home citizens are hurt or killed, we require responses and justice.
Nursing home cases are not simple to show. And, there is typically a two-year court filing due date in nursing home abuse cases in Waukegan, IL.
That's why calling a nursing home abuse lawyer in Waukegan, IL is the most intelligent thing to do. Your nursing home abuse lawyer will have time to put the greatest case possible together for you.
We provide a complimentary consultation for victims of nursing home abuse. There is no responsibility and no charge. You call us and we address your concerns and you get transparency and assurance.
Provide us a call right now if you suspect nursing home abuse.
Find Out What YOUR Case Might Be Worth...for free.
Nursing home abuse refers to when an individual gets hurt or hurt while living at a nursing home. Nursing homes are needed to have comprehensive records of the health conditions of their homeowners.
When a nursing home does not put resident security first, nursing home residents get injured. They get hurt. They become ill. And in some cases, they pass away.
At any time if a nursing home hurts a nursing home resident or makes them ill since they breached security guidelines, that is a nursing home abuse case.
Nursing houses make a lot of money caring for nursing home citizens. The objective is to offer the finest medical care and nursing home care possible. When nursing homes are not held reliable for their incompetency this is when the actions are never corrected. They must know they should not be making safety violations or lettings mistakes happen. In order to hold these nursing homes responsible, we must pursue nursing home abuse cases.
Here are the most typical type of nursing home abuse cases:
These are the most typical, there are numerous methods for a resident to be injured in a nursing home. Provide me a call if you presume nursing home abuse. I can address your concerns and get to the bottom of it for you.
There is typically a two-year due date to submit a lawsuit in a nursing home abuse case in Illinois. Nursing home cases in some cases end up being medical malpractice cases.
If that's the case, the court filing due date or "Statute of Limitations" for a medical carelessness case is 2 years from the date you understood or became aware of the bad treatment.
It is important that you talk to a nursing home abuse lawyer in Waukegan, IL far prior to the two-year filing due date. The quicker the much better.
The reason is that the lawyer needs to do a great deal of examination is so they can inform you whether you have an excellent case. It can take months to get medical records and 6 months to a year to find, seek advice from, and employ a nursing home expert and a medical expert.
That is why I inform individuals to seek advice from with a nursing home abuse lawyer right away if you presume anything incorrect is going on in the nursing home. You require a lawyer to compute your right due date or statute of constraints. You need to call a lawyer for your particular statute of restrictions.
If you presume nursing home abuse in Waukegan, IL, offer me a call. If you miss out on a due date, your case might be over.
Employing a nursing home abuse lawyer in Waukegan, IL right away is extremely wise. When you or a loved one got harmed in the nursing home, I inform individuals to talk to a lawyer right away if they believe anything suspicious happened.
It takes the State of Illinois several months to complete their investigation. And it can take 6 months or longer to find a nursing home expert and the medical physicians required to win your case. We require to talk to these medical professionals to discover if you even have a case based on the medication.
This is why you should call a Waukegan, IL nursing home abuse attorney if you suspect nursing home abuse. Even if you are past that date you should have talked to a lawyer, there might be methods to extend your filing due dates. Just a certified nursing home abuse lawyer in Waukegan, IL can respond to these concerns for you, since every case is various.
You need to talk to a lawyer right away. The lawyer uses a totally free consultation. You only work with the lawyer if you desire to.
Nursing home cases cost a lot of time and cash to prosecute. Consulting with the correct medical professionals and nursing home professionals is exceptionally pricey. We require those specialists to be able to show our case at court.
As an outcome, lawyers normally look for significant injuries or death in the case of nursing home abuse. Nursing home abuse lawyers are looking for some kind of long-term and major injury.
You need to keep in mind that a lawyer will devote hundreds or thousands of hours to work on a case like this. The lawyer might advance $25,000 to over $100,000 in case expenses to show a case like this. Your nursing home abuse case should have huge worth at settlement or trial.
Many nursing home cases settle for 6 figures. A lot of great nursing home cases settle in the variety of $500,000 to maybe $2 million.
You can report to the Illinois Department of Public Health (IDPH) and the Illinois Long-Term Care Ombudsman. These reports are important but are not a substitute for consulting an attorney about your legal options. IDPH investigations can take months, and their goal is regulatory compliance, not compensating your family. You can pursue legal action and a regulatory complaint at the same time.
"Normal aging" is a common explanation nursing homes give to cover up neglect. Bedsores are largely preventable with proper care — they are not inevitable. Unexplained fractures in a non-ambulatory resident are not normal. I have medical experts who can give an independent opinion on whether injuries were caused by neglect, not nature. Don't accept that explanation without a second opinion.
Yes. Many nursing home abuse cases involve victims who cannot speak for themselves due to dementia or other cognitive conditions. These cases rely on documentary evidence — medical records, staffing logs, incident reports — and expert testimony. Physical evidence like photographs is especially important. The victim's inability to testify does not bar a claim.
The law is the same statewide — the Illinois Nursing Home Care Act applies throughout Illinois. However, cases in Lake County go through the 19th Judicial Circuit Court in Waukegan, which has different procedures than Cook County. I practice in both venues. Call me at 312-500-4500 for a free evaluation.
Would you like to know more about nursing home abuse lawyer chicago?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
>>Read More
Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
Office: 312-895-0545
Fax: 866-629-1817
service@desalvolaw.com
Chicago and Other Suburban Offices
By Appointment Only
