Suing an Illinois Nursing Home for Abuse or Neglect

 Posted on January 27, 2025 in Nursing Home Abuse/Neglect

Unfortunately, nursing home abuse and neglect are far more common than most people realize. The National Council on Aging believes as many as 5 million older Americans experience serious abuse each year, with many of these residing in nursing homes. Nursing home abuse and neglect can be traumatic for the victim and devastating for the victim’s loved ones. Older adults who are abused may become anxious and fearful or could suffer serious physical injuries that become long-term disabilities.

Bedsores, left untreated, can lead to serious infections and constant physical pain. Other common injuries from nursing home abuse include head injuries, back injuries, and sprained and broken bones.  Finding out that your loved one has been abused is shocking. Perhaps you are considering suing the nursing home but are unsure whether you can sue and, if so, where to start. You and your loved one have rights in this situation. This is the time to speak to a knowledgeable Chicago, IL nursing home abuse attorney who can answer your questions and guide you through the process.

Can You – and Should You – Sue for Nursing Home Abuse?

When an individual sues a nursing home for negligence, it allows him or her to seek financial damages related to medical bills, the costs of relocating the loved one, funeral and burial expenses if the abuse resulted in death, pain and suffering for the victim, and more. Perhaps just as importantly, the facility is held accountable for its failure to keep a loved one safe.

While no amount of money will change what happened, suing the nursing home is a way of seeking justice and encouraging a higher standard of care in the nursing home. There are excellent reasons to sue the nursing home for the abuse of a loved one, but it may not be an entirely easy path.

Lawsuits take time, but in most cases, the nursing home will settle outside of court. This may not happen immediately, but as the court date grows nearer, there is a strong chance the nursing home will settle the case to avoid the publicity and cost of a trial. It is important to act quickly when abuse is suspected to avoid further harm.

What Are the Steps Involved in Suing a Nursing Home?

While each situation is different, suing a nursing home usually goes as follows:

• Signs of abuse are noted when loved ones visit an elderly relative.
• The abuse is reported to legal authorities and/or the Illinois Department of Public Health’s Nursing Home Complaint Hotline at 1-800-252-4343.  
• An experienced nursing home abuse lawyer is called.
• The attorney begins the process of gathering evidence.
• A lawsuit against the nursing home is filed.  

The claim of abuse will be investigated to determine how the victim was harmed, gather facts and witnesses regarding the abuse, and determine appropriate damages. While keeping in mind all applicable time deadlines and the statutes of limitations, the lawsuit against the nursing home will be filed in court. The nursing home abuse attorney will negotiate with the nursing home to reach a mutually agreeable amount for the settlement. If the nursing home refuses to pay a fair settlement amount, the case may go to trial.

Who Is Allowed to Sue for Nursing Home Abuse?

Close family members of the victim or the victim of nursing home abuse are usually the parties who sue a nursing home. Close family members include the spouse of the victim, the children of the victim, and other close family members.  Representatives of the victim’s estate or those with power of attorney for the victim may also file a lawsuit for nursing home abuse. If the victim of the abuse died as a result of the abuse, a wrongful death claim can be filed by the family or those designated as representatives of the victim’s estate.

Contact a Chicago, IL Nursing Home Abuse Lawyer

When the trust placed in a nursing home is broken, there can be tragic consequences for the resident and the family. If your loved one was abused or neglected in a nursing home, a Chicago, IL nursing home abuse attorney from Winters Salzetta O'Brien & Richardson, LLC can help. Call 312-236-6324 today to schedule your free consultation.