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What You Should Know About Nursing Home Lawsuits

Posted on in Nursing Home Abuse

Chicago nursing home abuse attorneysIf you or your loved one were harmed by substandard care at a nursing home, you may be able to bring a civil action against the facility. A nursing home lawsuit may enable you to pursue justice for the maltreatment and seek financial compensation for damages. Substandard medical care, neglect, and intentional abuse may lead to a nursing home lawsuit. A personal injury attorney experienced in nursing home negligence and abuse cases can file a claim on your behalf and represent you throughout your case.

Do All Nursing Home Injury Claims Go to Trial?

If you are like most people, you probably do not know much about what a civil claim against a medical facility entails. You may even assume that all nursing home injury claims result in a courtroom trial. In reality, only a small percentage of nursing home negligence claims end up going to trial. Most are settled during out-of-court negotiations. A nursing home injury attorney can negotiate with the nursing home’s legal team on your behalf and fight for a satisfactory settlement.

What Do I Need to Prove to Be Successful?

There are several types of nursing home claims. The most common is a claim that alleges negligence on the part of the nursing home facility or staff. To win a negligence-based claim, you will need to show that:

  • The facility breached the medical standard of care.
  • The resident was harmed by the facility’s failure to meet the accepted standard of care.
  • The resident or resident’s family suffered damages as a result of the resident’s injury or death.

The claim may also be based on an intentional act of violence or harm against a resident. Sadly, resident abuse is not uncommon in nursing homes. A nursing home claim may also be based on a breach of contract.

What Types of Damages May I Be Entitled To?

The losses experienced by an injured person or the family of a deceased person are referred to as damages. A successful nursing home injury claim serves several purposes. First, it recovers compensation for the injured resident or the resident’s surviving loved ones. Secondly, it holds the nursing home accountable for the maltreatment. Some nursing home settlements and awards even include punitive damages which is additional compensation used to punish the negligent facility. Through a nursing home negligence claim, you may be able to receive compensation for:

  •  Medical costs
  • Expenses related to changing nursing homes or caregivers
  • Mental health counseling
  •  Rehabilitative care

Contact an Illinois Nursing Home Negligence Lawyer

If your or your loved one were injured because of nursing home negligence or nursing home abuse, contact Schwartz Injury Law and set up a free, no obligation with one of our skilled Cook County nursing home injury attorneys. Call us at 312-535-4625 today.

 

Sources:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf

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