FAQs
About Nursing Home Injury Cases

Frequently Asked Questions

1. 1 What should I do if I suspect nursing home abuse or neglect?

   If you suspect that your senior family member is being mistreated at a care facility, contact an experienced nursing home abuse attorney immediately. We can spot the signs of nursing home abuse and neglect, and we’ll help you observe and collect strong evidence for your case.

   You should also contact your state’s Department of Health and register a complaint against the at-fault party. This will trigger a state investigation into the serious allegations.

2. 2 How much time do I have to file a lawsuit against a nursing home?

   In the states of Illinois and Indiana, you have up to two years after an injury or event to file a lawsuit. However, there are certain circumstances in which victims and their families can file a lawsuit beyond two years.

   It’s crucial that you contact a nursing home abuse attorney as quickly as possible. The sooner you get the legal process started, the stronger your case will be.

3. 3 If my senior loved one passed away, can I still file a nursing home lawsuit?

   Yes, you can file a nursing home lawsuit after a loved one’s death. In fact, most of the cases our team handles are brought to us by family members seeking justice after their family members have died.

   Contact a nursing home wrongful death lawyer to learn more about filing an abuse case post-death.

4. 4 How long does it take to litigate a nursing home abuse or injury case?

   The duration of a nursing home case depends heavily on the specifics of each lawsuit. Some cases can be resolved within months, but others can take years to finish.

   To learn more about your estimated litigation timeline, schedule a consultation with our legal team. Our expert nursing home attorneys will analyze your case and determine what plan will work best.

5. 5 What are the most common causes of nursing home abuse?

   In our experience, nursing home abuse is most commonly the result of understaffing, poor training, and subpar patient care. Many nursing homes have cut back on staff to inflate their own profits, and others have struggled to find and hire the appropriate number of caretakers.

   Either way, many facilities are operating under the supervision of undertrained and overworked employees. This results in many types of abuse in nursing homes, including infections, falls, dehydration, and other serious injuries.

6. 6 What kind of damages are nursing home victims entitled to?

   Nursing home lawsuits can involve economic and non-economic damages. These include medical expenses, pain, suffering, and emotional distress – both on the part of the victim and their families. In the event of the victim’s wrongful death, damages can also include funeral expenses.

7. 7 Who is entitled to the damages in a nursing home lawsuit?

   If the senior resident is still living, the lawsuit’s settlement is paid directly to them or placed in their trust. If the victim is now deceased, the lawsuit will be filed as a wrongful death claim and the settlement will be handled accordingly.

8. 8 Are there limits on the recoverable damages in a nursing home lawsuit?

   The limits on damages in nursing home cases depend on the state. Many states, including Illinois and Indiana, have no damage caps.

   Even if you live in a state with a damage cap, don’t let that deter you from filing a lawsuit. These caps are usually well above the settlements awarded in typical nursing home cases.

9. 9 Do all nursing home lawsuits eventually go to trial?

   No – many (if not most) nursing home lawsuits do not end up in court. Nursing homes typically prefer to settle cases outside of court and away from the eyes of a jury.

   Our nursing home abuse lawyers work to settle outside of court on your behalf. We want to make the process as quick and painless as possible, but we also won’t accept a settlement unless it’s fair – even if that means going to court.

10. 10 What determines the final nursing home lawsuit payout?

    The final payout depends on the specifics of each case. The value is determined by many things, including the:

    -Age of the victim.
    -Amount of suffering.
    -Mental anguish and humiliation of the victim.
    -Amount of negligence and abuse.