The laws enacted by the State of Illinois govern how long you have to file a lawsuit against a nursing home in Chicago. Nursing home abuse and neglect can fall under several areas of law, including personal injury, medical malpractice, and wrongful death. This information is relevant since the statute of limitations has different lengths in each type of case.
Missing the statute of limitations means that you may have lost your opportunity for fair compensation. The only way you can be sure is by discussing your case with a nursing home abuse and neglect attorney. They can provide legal counsel and guidance that helps you understand how long you have to file a lawsuit against a nursing home in Chicago.
Understanding the Illinois Nursing Home Care Act
The Illinois Nursing Home Care Act was voted in by the public and enacted by legislators to ensure the protection and safety of nursing home patients. The State of Illinois addresses potential issues and injuries stemming from abuse, neglect, and a breach in the standard of care in nursing homes.
Courts impose a statute of limitations that describes the length of time you have available to file a claim, in correspondence with the act.
Statute of Limitations to File a Nursing Home Lawsuit
A statute of limitations sets the deadlines on claims that people have to file a lawsuit against a negligent party. The statute of limitations will vary depending on what type of case your attorney files against a nursing home in Chicago. Your case will fall under a personal injury, medical malpractice, or wrongful death claim.
Personal injury law seeks to provide restitution to nursing home residents who sustained injuries from a negligent provider. Common types of nursing home personal injury claims involve abuse, discrimination, improper care, and assault. The statute of limitations for personal injury claims in Illinois is two years from the date of the injury.
Medical malpractice occurs when the nursing home does not meet the standard of medical care required by law. Common types of nursing home medical malpractice cases involve diagnosis errors, medication errors, and failure to properly treat your loved one. The statute of limitations on claims of medical malpractice in Illinois is two years from the date of the injury.
Wrongful death is a type of personal injury case involving the negligent injuries that caused the death of a loved one. Nursing home wrongful death can stem from several negligent sources commonly seen in personal injury and medical malpractice cases. The statute of limitations on claims of wrongful death in Illinois is between one and two years from the date of death.
If you miss the deadline, it is probable that the nursing home will present a motion to dismiss your case. The judge will likely agree and approve the motion, which means that you have lost entitlement to your claim. However, there may be an opportunity to pursue your claim even if you missed your deadline.
What To Do if You Think You Missed the Civil Lawsuit Timeline
The statute of limitations laws exist for several reasons:
First, they ensure that plaintiffs have ample opportunity to evaluate their medical prognosis so that they receive fair compensation depending on their situation. Second, it is a law that prevents the court system from having a backlog of cases waiting to go on the court’s docket. Third, a statute of limitations protects the accused, as well, since it is unjustifiable that one party or entity can indefinitely hold a claim over another’s head.
If you believe that you missed the statute of limitations, you can still discuss the potential of filing a claim with a nursing home neglect and abuse lawyer. Some particular events and circumstances allow you to proceed in filing a claim anyway.
Only a licensed and experienced legal professional can help you determine if there is potential in still filing your lawsuit.
For a free legal consultation, call (800) 794-0444
We Will Help You Understand Your Nursing Home Case
The legal team at Pintas & Mullins Law Firm wants to help you understand the elements of your case and the deadlines under which you must file. You can talk to us about the details of your case during a free, no-obligation consultation today at (800) 794-0444.