Nursing Home Negligence or Abuse
Statute of Limitations 735 Ill. Comp. Stat. Ann. § 5/13-212(a)
- Two years from when the injury was discovered, or reasonably should have been discovered. Claim must be filed no later than four years from the date of injury.
Medical Malpractice
Statute of Limitations 735 Ill. Comp. Stat. Ann. § 5/13-212
- Two years.
- Claim must be filed no later than four years from the date of injury.
- If under 18 when injury occurred, limitation period is eight years.
- No claim can be filed after the 22nd birthday.
Wrongful Death
Statute of Limitations 740 Ill. Comp. Stat. Ann. §180/2
- Two years from date of death.
Damages Caps
- No punitive damages allowed in medical malpractice cases.
- Punitive damages are generally not recoverable in wrongful death or survival cases.
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
Unfortunately, preventable injuries are common in Illinois nursing homes. Whether they occur because of abuse, neglect, or because a facility is unsafe, you may be able to recover compensation to cover your medical care, pain and suffering. If you or a loved one became a victim of nursing home abuse, an Illinois nursing home injury lawyer from Pintas & Mullins Law Firm can review your case for free.
We can evaluate your case, gather evidence, and take legal action on your behalf if you qualify.
Types of Abuse Occurring in Illinois Nursing Homes
Our nursing home abuse lawyers typically see a few different types of elder abuse that occur in nursing homes and other care facilities. They include:
- Physical abuse: Hitting, striking, restraining, shaking, pushing, or otherwise using physical force that could cause injury or impairment.
- Sexual abuse: Unwanted touching, inappropriate photography, unnecessary nudity, sexual assault or battery, or any other sexual contact that is non-consensual or with a person incapable of giving consent.
- Emotional abuse: Insulting, threatening, intimidating, humiliating, harassing, isolating, or otherwise inflicting emotional distress and pain on a resident.
- Financial exploitation: The improper and illegal use of a resident’s money, property, or other assets, including billing for unnecessary services, or for services not provided, fraud, or theft.
- Neglect: Neglect is the most common type of elder abuse. It occurs when staff responsible for a resident’s care fails to provide them with adequate food, water, shelter, or clothing, does not help them with their personal hygiene needs, or denies them the medicine and medical care they need.
Abandonment and self-neglect are the remaining types of elder abuse, according to the National Center on Elder Abuse. While these are common, they do not typically mean you can take legal action. However, they can cause your loved ones to suffer serious injuries and even death. It is important to take action if you see signs of either of these, as well.
If you have questions or concerns related to a possible nursing home abuse case in Illinois, the nursing home injury lawyers from Pintas & Mullins Law Firm may be able to help.
Pintas & Mullins Law Firm Can Help You Understand Your Options for Pursuing a Nursing Home Injury Case
At Pintas & Mullins Law Firm, we do not believe that any resident deserves to be a victim of nursing home abuse or neglect. We want to ensure our clients and their aging family members do not suffer in other ways related to the abuse they endure. We believe the nursing home administration and others responsible should pay for medical care and other expenses, not the victims.
Even when a case is tough, we will not shy away. If we believe you are eligible to pursue a settlement or court award in this type of case, we will help you build a case against the Illinois nursing home and represent you through the legal process.
We handle all nursing home injury cases on a contingency-fee-basis. You will not pay anything upfront. We only collect attorney’s fees after we receive the compensation recovered in your case.
For a free legal consultation, call (800) 794-0444
Recoverable Compensation Through a Negotiated Settlement or Court Award
If we can reach a fair settlement based on the facts of your case, or if we win an award in court, you will receive compensation to help with your bills, losses, and injuries. The types of recoverable awards in a nursing home injury case may include:
Medical care costs: Any medical care costs stemming from the abuse or neglect suffered may be available for recovery. This could include hospitalization, treatment, surgery, outpatient care, follow-ups, medications, and more. It also includes psychological care because of the emotional impacts of abuse.
Out-of-pocket expenses: Out-of-pocket expenses could include a wide range of costs, from replacing broken glasses, stolen money or valuables, or even paying to have your loved one moved to another facility.
Pain and suffering: We can help you put a fair price on your physical pain and emotional suffering and fight for an award that covers them. A financial award for pain and suffering could double your total payout.
If your loved one passed away as a result of the abuse they endured in an Illinois nursing home, you may be able to pursue an award through a wrongful death action. We can help you understand your options and navigate this process for you.
You Only Have Two Years to Hold an Illinois Nursing Home Liable for Abuse
In general, you have two years from the date of the injuries to hold the liable parties responsible for nursing home abuse and neglect. If you do not take action before time runs out, you could lose the right to hold them liable in court and pursue an award. Reach out to us as soon as possible to learn more about how we can help you with your case.
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Talk to an Illinois Nursing Home Injury Lawyer Today
If you or a loved one sustained injuries because of nursing home abuse and neglect, or another type of incident in a nursing home, the Illinois nursing home injury lawyers from Pintas & Mullins Law Firm will review your case for free. We can help you understand what happened, who is responsible, and what type of action you are eligible to take. Let us pursue a settlement or court award on your behalf.
Call or text (800) 794-0444 or complete a Free Case Evaluation form