The statute of limitations is a formal deadline, which you have to file a case in court. The statute of limitations for nursing home abuse in Chicago depends on whether you are submitting the lawsuit as personal injury, medical malpractice, or wrongful death. Each case must follow the varying deadlines set forth by the State of Illinois.
Missing this critical time frame means that you may not be able to pursue compensation for the financial, physical, and emotional losses inflicted on you or your loved one. Speaking with a Chicago nursing home abuse lawyer is the most direct way to determine if you have an actionable claim. Comprehensive legal professionals typically offer a free consultation to discuss the details of your case’s potential.
The Statute of Limitations for Nursing Home Abuse
The statute of limitations for abuse in nursing homes depends on the type of claim under which you are filing in civil court. Typical forms of Illinois nursing home abuse cases include personal injury, medical malpractice, and wrongful death.
In general, these are the deadlines by which you have to file a complaint according to the type of suit:
- Personal injury: Up to two years from the date of the injury.
- Medical malpractice: Up to four years from the date of the injury.
- Wrongful death: Up to two years from the death of party.
Missing the statute of limitations on a nursing home abuse claim carries consequences that affect your ability to obtain compensation. Therefore, it is important to discuss the timeline of your case with a nursing home abuse attorney to avoid missing your opportunity for legal redress.
Compensation is Available for Filing a Nursing Home Abuse Case
If you are within the statute of limitations for your case, your personal injury lawyer can help you pursue compensation for the injuries you or your loved one sustained.
In Illinois, courts allow you to request the following types of monetary awards:
- Economic awards: Medical bills, therapy, funeral costs, and other verifiable expenses are the types of economic awards you can request in a nursing home abuse claim. Your elder abuse lawyer will help you keep track of these expenses and include them in your claim.
- Non-economic awards: This type of monetary award aims to compensate you for the physical pain and emotional trauma you or your loved one suffered as a result of negligent care. You can request compensation for pain and suffering, mental anguish, wrongful death, and loss of enjoyment.
- Punitive awards: Punitive awards are rare to receive since Illinois judges reserve them for the most extreme acts of willful and intentional negligence in nursing homes. However, your attorney may recommend that you include them in your initial petition.
The State of Illinois does not place a limit on the amount of economic and non-economic awards you can receive so as long as the court approves them.
No matter the award amount for which you are asking, it is important that you file your case before the Illinois statute of limitations expires. If you do miss it, however, there may still be an opportunity to file an abuse claim.
For a free legal consultation, call (800) 794-0444
Missing the Statute of Limitations for Abuse in Nursing Homes
If there is growing concern as you get close to the deadline—or even it has already passed—you may still be able to receive financial awards related to elder abuse in nursing homes. There are specific situations and scenarios that courts will allow an extension for; however, for other cases, the deadlines are compulsory, and ignoring them may result in a dismissal of your case.
The only way that you can be sure if your case falls within the statute of limitations, is by sharing the details and timeline of your case with a nursing home abuse lawyer. They have the experience, training, and knowledge that can determine if you have an actionable claim. From there, your lawyer will work with you to establish a legal case strategy that produces the most beneficial results.
Chicago Nursing Home Abuse Attorneys Can Help
The legal team at Pintas & Mullins Law Firm will help you work through the details of your case to understand the statute of limitations for nursing home abuse in Chicago. You should not have to pay for injuries caused by someone you trusted to take care of you or your loved one.
Learn more about the next steps you should take by contacting our office for a free, no-obligation consultation. You can request yours by calling (800) 794-0444 today.