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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.

With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.

Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.

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  • How long do I have to file a nursing home abuse or negligence lawsuit in Illinois?

    Time is limited to obtain a just recovery for nursing home neglect or abuse

    Illinois law, like the law in other states, limits the amount of time that you have to file a lawsuit. The law that governs how much time you have to file a case is known as the statute of limitations. The statute of limitations exists for a few reasons. For example, it provides certainty to potential defendants by creating a date beyond which they are no longer legally liable for damages. While this may seem unfair to a nursing home victim, the law also protects the victim by requiring the victim to file a lawsuit quickly before evidence that would support the claim disappears.

    If you fail to file your lawsuit before the statute of limitations expires, then you can expect that the defense will motion the court to dismiss your complaint and that the court will promptly grant that request. You will be left without any recovery of damages and the nursing home will not be held accountable. Accordingly, it is important to know your rights and to take prompt action to protect those rights as soon as possible.

    In Most Cases You Have Two Years to File a Nursing Home Injury Case in Illinois

    The two-year statute of limitations begins when you knew, or reasonably should have known, that you were hurt.

    There are some exceptions to this general statute of limitations, however. Your time may be shorter if you were hurt in a government-run facility, for example.

    There Are Good Reasons Not to Wait the Full Two Years

    While you may technically have two years to file many nursing home abuse cases in Illinois, you may want to take action sooner. By taking prompt action you may:

    • Have an easier time finding a lawyer to represent you. It can be difficult to find an attorney when the statute of limitations is about to expire.
       
    • Make sure that evidence in the case is preserved. It may be easier to find witnesses and other evidence sooner rather than later.
       
    • Speed up your possible recovery. The sooner you pursue damages, the sooner you may recover damages.

    Of course, the first step on the road to recovery is not simply to file a complaint in court. Instead, it is to find out more about your rights and about how nursing home abuse cases work in Illinois. Please contact us directly, via this website or by phone, to schedule a free and confidential meeting to learn more.

  • Who can file a lawsuit for nursing home abuse or negligence in Illinois?

    A court recovery for nursing home abuse is available to some people only

    You may be outraged by what happened in a nursing home, and you may want to see justice done. Yet simply knowing about nursing home negligence or abuse does not give you the legal right to bring a lawsuit. Instead, you have to have a certain stake or interest in what happened that allows you to pursue a legal case in an Illinois court. This is known as standing to sue.

    Three Ways to Have Standing to Sue in an Illinois Nursing Home Abuse Case

    Generally, you must be one of the following three people in order to have standing to sue for the harm done by abuse or negligence in a nursing home. You must be:

    • The nursing home resident who suffered an injury due to a violation of the Illinois Nursing Home Care Act. The Nursing Home Care Act allows a resident who has been abused, who has been neglected, or whose rights have been violated to pursue a claim.
       
    • The legal guardian of a nursing home resident who is mentally disabled, incompetent, or otherwise unable to file a claim herself. As the legal guardian, you have the right to act on behalf of the resident and to sue for damages pursuant to the Illinois Nursing Home Care Act if the resident whom you represent was injured by abuse or negligence.
       
    • The personal representative of the estate of a resident who suffered an injury prior to passing away. The estate has the right to sue for harm done prior to death. This is not a wrongful death action, but rather a claim that may be brought pursuant to the Illinois Survival Act.

    If you file a lawsuit and you do not have standing to sue, then you can expect that the nursing home will quickly motion the court to dismiss your case and that the court will grant that motion.

    Accordingly, it is important to make sure that you have the right to pursue a lawsuit before you file one. To find out if you can file a lawsuit and more about how a nursing home lawsuit works, please contact an experienced nursing home abuse lawyer who is committed to standing up for the rights of nursing home residents. Our attorneys would be pleased to provide you with a free, no-obligation consultation. Please start a live chat with us now or call us directly at 1-800-800-5678 at any time.

  • What is nursing home neglect?

    Several elements make up nursing home neglect.

    Nobody intentionally hurt your loved one. However, even without the intent to cause harm, your loved one was seriously injured and you want to know if the nursing home may be held accountable.

    The Nursing Home May Be Accountable for Injuries Caused by Neglect

    If your loved one was hurt because of the negligence of the nursing home or any of its staff members then she may be entitled to damages. Nursing home neglect occurs when:

    • The nursing home owes someone a duty of care. Nursing homes owe all residents a duty of care.
       
    • The nursing home breaches that duty of care by failing to act like a reasonable nursing home would in similar situations. The totality of the circumstances may be considered when determining whether the nursing home’s actions were reasonable.
       
    • The breach of the duty of care caused the resident to suffer an injury. It must be proven that the injury would not have occurred but for the action or inaction that was the breach of the duty of care.
       
    • The person seeking damages for nursing home neglect has a legal right to such damages. Typically, this would include the resident who was hurt, the legal guardian of the resident acting on the resident’s behalf, or the personal representative of the resident’s estate who is acting on behalf of the estate after the death of the resident.

    Each of these four elements must be proven in order to recover damages for nursing home negligence.

    And Specific Action Must Be Taken

    Even if nursing home neglect did occur and result in the serious injury or death for your loved one, you will still need to take action in order to make a fair financial recovery for the damage that was done. This type of nursing home abuse should never be tolerated. Instead, you can help your loved one and you can help change the nursing home climate by holding the nursing home accountable. Please read out FREE book, Guide for Nursing Home Abuse and Neglect Victims: What You Need to Know to Protect Your Legal Rights and Get Every Dollar You Deserve, or call us today at 1-800-800-5678 to learn more.

  • Are physical restraints ever okay in Wisconsin nursing homes?

    Restraints may be used in nursing homes only under very limited circumstances

    In very limited circumstances, physical restraints may be necessary to keep a nursing home resident safe. However, physical restraints are not permitted for the convenience of the nursing home staff, and if they are used incorrectly and a nursing home resident is injured, then that resident may have a successful claim for nursing home negligence.

    Physical Restraints Can Be Dangerous

    The Wisconsin Department of Health Services recognizes that physical restraints can be dangerous for nursing home residents. The agency has identified at least 15 different dangers associated with physical restraints which include falls, infections, and death.

    Thus, physical restraints may only be used in Wisconsin nursing homes if one of the following is true:

    • The restraint is necessary to treat the resident’s medical symptom or condition.
       
    • The restraint is necessary to help the resident achieve the highest level of functioning or wellbeing.

    Restraints are never permitted as discipline, punishment, or for the convenience of the staff. Additionally, in the absence of an emergency, a physical restraint should only be used after other, less restrictive interventions have been tried.

    An Assessment Should Be Completed Before a Resident Is Restrained

    The nursing home should complete an assessment before using physical restraints on your loved one. The assessment should include:

    • Gathering as much information as possible about the resident’s condition and the specific reason a restraint is being considered.
       
    • Identifying all methods other than restraints that could be used.
       
    • Evaluating what has been done in the past and the pros and cons of each option.
       
    • Choosing the method of restraint that best meets the resident’s needs.

    If a restraint is considered necessary, then the nursing home should use the least restrictive restraint and it should be used for as short a time as possible.

    You may have questions about the specific restraints that are being used, or considered, for your loved one. Do not hesitate to ask questions and demand answers about the use of physical restraints.

    And if your loved one has been hurt by an unreasonable restraint, then it is important to hold the nursing home accountable for this type of nursing home abuse. Contact an experienced nursing home abuse lawyer today at 1-800-800-5678 today to get your questions answered and to learn more about your loved one’s rights.

  • Why should my loved one pursue a civil case for nursing home negligence if she’s been hurt?

    When a resident is assaulted and injured, the nursing home may be liable for any losses

    If a nursing home worker acts with intent and uses force against a nursing home resident in a way that results in a physical injury, then the state may bring a criminal action against that worker. More specifically, the state may charge the worker with battery if all of the following are true:

    • The worker intentionally touched the resident.
    • The touching was harmful or offensive.
    • The touching occurred without the prior informed consent of the resident.

    Criminal cases may result in bad press for the nursing home and in jail time or a fine for the worker. A criminal case may also be satisfying for the nursing home resident who was hurt and for her family who may see justice done.

    However, a criminal case will not result in a financial recovery for the victim or her estate. That is beyond the scope of the criminal law system, but nursing home abuse victims still have a way to recover damages.

    Victims Have the Right to Pursue Civil Cases

    A civil personal injury case is different from a criminal case. In a civil personal injury case, the victim rather than the state is bringing an action for damages against the person who hurt her. Those damages could include compensation for past, current, and future:

    • Medical expenses.
    • Out-of-pocket costs (including funeral costs if the resident died as a result of the abuse).
    • Pain and suffering.

    These are significant damages that can’t undo the harm that has been done to your loved one, but that can compensate her to the extent the law allows.

    Your loved one has a limited time to bring a civil personal injury case. Such a case must be filed in state court before the applicable statute of limitation expires. Accordingly, we encourage you to help your loved one by finding out more about her rights today. Simply start a live chat with us now or call us any time at 1-800-800-5678 to set up a free, confidential, no obligation consultation and to learn more about recovering from this kind of nursing home abuse.

  • Are nursing homes required to have a minimum level of staffing?

    When nursing homes economize by hiring too few staff, residents are at risk for neglect or abuse

    Yes, federal and state regulations require nursing homes to have at least a minimum number of staff members, and the nursing homes’ job of providing reasonable care for all residents requires them to have appropriate staff on duty at all times.

    Specific Regulations

    Federal regulations require most nursing homes to designate one registered nurse (RN) as a Director of Nursing. Additionally, nursing homes must have an RN working eight consecutive hours seven days a week and an RN or a licensed vocational nurse on duty for the other 16 hours a day. Of course, these individuals can’t do it alone, and other staff members are required to meet the needs of nursing home residents.

    • In Wisconsin, state regulations require nursing homes to have staff sufficient “to meet the specific needs of each resident.” This includes specific requirements for licensed nursing staff and direct care staff.
       
    • In Illinois, state regulations also require nursing homes to have staff “to meet the needs of the residents.” As in Wisconsin, this includes specific requirements for licensed nursing staff and direct care staff including nurses, nursing assistants, rehabilitation aides, psychology coordinators and aides, and others.
       
    • In Iowa, the requirements are similar. State regulations require nursing homes to have staff “to meet the needs of individual residents.” As in other states, this includes licensed nursing staff and direct care staff.

    Cost Is No Excuse for Nursing Home Abuse or Neglect Due to Understaffing

    Some nursing homes may try and hire fewer staff members in an effort to cut costs. However, the cost savings of hiring fewer staff members may be shortsighted. In the long run it may cost less to hire an adequate number of staff members then it would cost to:

    • Pay damages in a nursing home abuse or neglect case. Staff members who have a lot of residents to care for may become frustrated or may fail to provide reasonable care.
       
    • Continuously train new staff due to a high staff turnover rate. Staff members who are overworked may look for work in a different facility.

    Nursing homes and long-term care facilities must be held accountable for patients that have suffered wrongful death or serious injury as a result of nursing home understaffing. This cause of nursing home abuse is never acceptable. If your loved one has been hurt, please contact us today via this website or by phone at 1-800-800-5678 to learn more.

  • What should I do if I have lost a loved one due to a wrongful death caused by nursing home abuse or negligence?

    Nursing home neglect or abuse can be fatal to your family member

    Losing a loved one at any age is extremely difficult. It causes a lot of grief and sorrow as you try to come to terms with the loss. When the loss is caused by neglect or abuse of a nursing home, many other feelings may come into the picture. You may experience guilt, anger, or depression.

    A Nursing Home’s Failure to Care for Your Loved One Can Be a Wrongful Death

    Nursing homes have a duty to provide reasonable care for residents. If members of the staff have been neglectful or abusive, then they have violated that duty, and their actions or inactions could result in a resident’s wrongful death.

    If you have lost a loved one due to a wrongful death caused by a nursing home, then you should:

    • Grieve. Your most important first step is take care of yourself and your surviving loved ones. It can be difficult to deal with an unexpected loss. Take the time to do what is necessary to properly grieve your loss.
    • Contact an attorney. If your loved one died because of the abuse or negligence of nursing home staff, then your loved one may have suffered a wrongful death. Your loved one’s estate may be able to file a wrongful death claim, and it is important that you hold the nursing home accountable for what happened. Your attorney will help you gather the important information it takes to successfully pursue a claim.
    • File a claim. With assistance from your wrongful death attorney, you will begin the claims process. Through the claims process you will be able to receive compensation for the losses the death caused you and you may be able to convince the nursing home to change its policies and procedures so that other families do not have to endure similar losses.

    Death is the most serious injury that could result from nursing home negligence. To discuss the legal process after a deadly nursing home incident, contact a wrongful death attorney at Hupy and Abraham. Call 800-800-5678 today for a FREE legal consultation with one of our compassionate trial attorneys.

  • How long do I have to file a nursing home abuse or negligence case in Wisconsin?

    Wisconsin’s statute of limitations determines how long you have to file a nursing home injury claim

    You ask an important question, because Wisconsin—like other states—limits the amount of time that you have to file a nursing home abuse or negligence case. If you file a complaint in court before the statute of limitation expires, then you may protect your right to recover damages. However, if you fail to take action before the statute of limitation expires, then the defendant will raise that issue before the court and your case will be dismissed without your recovery of damages.

    Why?

    Statutes of limitations exist for a few reasons. A statute of limitations provides certainty to potential defendants in a civil action. It does not leave the threat of litigation hanging over them indefinitely. Statutes of limitations also benefit potential plaintiffs in a civil action. It requires that plaintiffs take action while evidence is still likely to exist and potential witnesses may be available to testify.

    So How Long Do I Have?

    In Wisconsin, you generally have three years to file a nursing home abuse or negligence lawsuit. The three years begins on the date when the injury was discovered or reasonably should have been discovered. The same time restrictions apply to wrongful death cases if your loved one died from nursing home abuse or negligence.

    In some limited circumstances the statute of limitations may be extended or shortened. Thus, it is important to speak to a nursing home abuse lawyer as soon as possible after you or your loved one has been hurt to make sure that all applicable deadlines are met, that evidence is secured, and that a fair recovery can be made as soon as possible.

    What Should I Do First?

    Your first step should be to schedule a free consultation with an experienced nursing home abuse attorney who can make sure that you do not miss the statute of limitations or any applicable arbitration deadlines. For more information about how a nursing home abuse case works in Wisconsin or to schedule your free consultation, please start a live chat with us now, or call us directly at 1-800-800-5678.

  • Who can sue if abuse or negligence occurs in a Wisconsin nursing home?

    Only some people have standing to take a nursing home injury claim to court

    For purposes of this question, we will assume that there is not a nursing home arbitration agreement in place that limits a lawsuit against the nursing home if abuse or negligence results in injury. If there is an arbitration agreement in place. then it is important to look to the specific terms of that agreement to determine who can pursue arbitration.

    Filing a Lawsuit in Court

    Without an arbitration agreement, a nursing home abuse or negligence case may be filed in a Wisconsin state court if a nursing home resident was injured as a result of the abuse or negligence. However, in order for the case to be heard it is important that it is filed by a person who has legal standing to file such a claim. That could include:

    • The resident who was hurt.
    • The legal guardian of the resident who was hurt.
    • The personal representative of the resident’s estate.

    In most cases, a person must have been hurt, or be the legal representative of someone who has been hurt, in order to bring a case.

    Suing Is Different From Reporting

    Whether or not you have standing to sue, you may have the right to report the alleged nursing home abuse or negligence to the state of Wisconsin. Any person who has reasonably believes that abuse or negligence has occurred has the right to report the alleged acts of abuse or negligence to the government.

    Find Out More Before Taking Action

    Before you take any kind of legal action, it is important for you to know more about your rights, about the potential benefits of bringing a case, and about how a nursing home abuse case works in the state of Wisconsin.

    Our experienced attorneys would be pleased to provide you with a free consultation. We will advise you about your legal right to bring a case, and if you do have such a right then we will fight hard to get you, your loved one, or her estate a fair and just recovery. Please contact us at any time via this website or by phone at 1-800-800-5678.

  • What kind of expert witnesses are important in a nursing home abuse? Where can I find them?

    A variety of expert witnesses may be able to help with a nursing home abuse or neglect case

    Expert witnesses may not be needed in every nursing home abuse case. For example, if a nursing home staff member hit your loved one and the incident was caught on tape, then proving that nursing home abuse occurred may be straightforward. You may already have all of the evidence that you need.

    However, other cases of nursing home negligence are more complicated. In order to recover damages in a nursing home abuse case, you must prove that:

    • The nursing home owed your loved one a duty of care.
    • The nursing home breached that duty of care by failing to provide you loved one with reasonable care.
    • The breach of the duty of care caused your loved one’s injury.
    • You loved one was hurt and has the legal right to pursue damages.

    Nursing homes owe their residents a duty of care and that element of negligence may be easily established. The other components of a legal claim can be trickier…

    Expert Witnesses Can Help You Prove Negligence

    Expert witnesses can help you prove whether a nursing home acted with reasonable care, whether its actions or inactions caused an injury, and how badly those injuries impacted your loved one. Some of the experts who can help with this include:

    • Doctors.
    • Nurses.
    • Directors (or previous directors) of nursing home facilities.
    • Geriatrics or long-term–care experts.
    • Respiratory therapists or rehabilitation therapists.
    • Pharmacists or pharmacology experts.
    • Psychiatry or psychology experts.

    The specific experts that you need depend on exactly what happened and the unique injuries that you suffered.

    How to Find the Right Expert Witnesses for a Nursing Home Abuse Case

    It can be difficult to find your own expert witnesses. It is not enough that someone is qualified—because of his education or experience—to be an expert witness. That person must also understand the role of being an expert witness and be persuasive on the witness stand.

    An experienced nursing home abuse attorney knows how to find the right experts for each individual case, and a lawyer knows when to use an expert witness in a particular case. You do not have to make this decision alone. Instead, we encourage you to contact us directly via this website or at 1-800-800-5678 and the schedule a free consultation with us today to discuss all aspects of your nursing home abuse case.