By Dan Noll on April 2nd, 2024 in Nursing Home Abuse
Springfield Nursing Home Abuse Lawyer Explains How Long Does a Nursing Home Lawsuit Take in Illinois
Nursing home abuse is a serious problem no matter where you are from. According to the World Health Organization (WHO), roughly one out of every six people who are 60 years or older will be the victim of some type of elder abuse each year. Whereas studies analyzed by the U.S. National Center for Elder Abuse (NCEA) indicate that some more recent data actually suggest that one in five adults who are 60 years or older will be the victim of nursing home abuse or neglect. If you or a loved one suffered any type of serious, catastrophic, or fatal injuries due to abuse, neglect, or malpractice in a nursing home, an experienced Springfield nursing home abuse lawyer can help you and your family recover compensation under Illinois law, including under the Illinois Nursing Home Care Act. Despite even the most egregious of cases where injuries are clearly caused by abuse or neglect, defendants and their insurance carriers will still try to fight back to avoid liability and fairly pay you. This leaves many victims and their families waiting for the compensation that they truly need to cover unexpected and unfair medical bills and other damages caused by facilities. As a result, many victims also ask how long does a nursing home lawsuit take to recover such compensation.
Here at the Noll Law Office, our compassionate team knows that recovering compensation for you or your loved one’s personal injuries is a priority. Unlike other bodily injury law firms, we will not let defense lawyers and insurance adjusters protect dangerous nursing homes and long-term care facilities that abuse, neglect, or commit horrific instances of negligence against innocent people. Also unlike other lawyers, our Springfield nursing home abuse lawyer handles cases in-house and does not farm them to new associates in big cities. To learn more about the holistic and comprehensive approach that the Noll Law Office provides for victims and their families, call to schedule a free case consultation by dialing (217) 414-8889.
How Long Does a Nursing Home Lawsuit Take in Illinois?
After a resident in a long-term care or nursing home facility is injured, the length of time that it can take to recover compensation can vary. Generally, nursing home abuse and neglect cases in Illinois take between two years and four years once a lawsuit is started. Some cases may settle much faster, whereas other cases could take longer if they go to trial and have an appeal. There is also a period of time after the injuries are caused but before a lawsuit is commenced. During this time, a case could settle before a lawsuit is commenced.
This is a general answer to how long does a nursing home lawsuit take in Illinois. There are always exceptions that may affect how long a lawsuit takes in Illinois. Some of these factors include hiring the right Springfield nursing home abuse lawyer who is skilled and experienced in handling these types of cases, such as one of the attorneys at the Noll Law Office. Other factors can be outside of the control of your attorney, including due to the defense lawyer, defendant, insurance adjuster, the courts, or other factors.
Some of these factors that dictate how long does a nursing home lawsuit take include the following:
Time from Injury to Reporting
The statistics in the introduction revealed how approximately 20% of elder adults fall victim to nursing home abuse, neglect, or malpractice each year. However, it is also recognized by another study that only an estimated one in 24 cases of elder abuse are actually reported, meaning that the true number of nursing home abuse and neglect is much higher. Indeed, according to several self-report studies conducted of staff members, approximately 50% reported mistreating older residents, 17% reported pushing or grabbing a resident, and 40% reported engaging in psychological abuse at least once in the last year.
That means that there is a period of time between the injury and when a report is made, if it is made at all. The delay in reporting an incident of elder abuse is one factor that can extend the time it takes to recover compensation. Not only does it do this by delaying notice to the police or a nursing home abuse lawyer, but it also makes the investigation a little harder. That’s because certain evidence, such as surveillance tapes, witness reports, and other documents, may be archived, forgotten, or even destroyed. As a result, it makes the investigation a little harder to prove – but not impossible with a skilled nursing home abuse lawyer in Springfield.
Type of Injury and Extent of the Injury
The type of injury can dictate how long a case can take. For example, cases involving obvious instances of abuse like cigarette burns, bites, stabs, or other videotaped incidents, usually result in a faster case. Whereas other types of injuries, such as traumatic brain injuries, can take much longer because of the extensive medical records, testing, and medical expert testimony or reports that are always needed to support this type of injury.
In addition, it is a general rule that the more severe the injury, the longer a case will take. This is because other factors with severe injuries may also come into play, such as evaluating future medical needs, future expenses, future pain and suffering, and even developing testimony through depositions to determine the full impact on a victim’s life.
Cause of the Injury
Sometimes the cause of the injury could also dictate how long a nursing home abuse case may take. For example, a case might go a little faster if the injury was caused by a staff member engaging in abuse or negligence such as a transfer or wheelchair mistake. But a case might take longer if an injury was caused when a resident was supposed to be monitored per a doctor’s order or care plan, but was not being watched (maybe due to understaffing) and had eloped and fallen.
Other times a case like a pressure sore might also take a long time if a resident had recently been transferred. In this instance, it is common for facilities to blame the other facility for causing a bed sore. Specifically, one facility might say that the resident had a bed sore already when the facility admitted the resident. Whereas the other facility will claim that the resident was examined prior to discharge and had not bed sore before the transfer, so the injury must have been caused by the other facility.
Wrongful Death Cases
One factor that often extends the length of time that a case may take is when a resident has passed away due to his or her injuries in a nursing home. When this happens, limited letters are required from a probate court in order to commence a wrongful death action. Sometimes it can also take longer to determine a person who would like to serve as the plaintiff in a lawsuit on behalf of the resident’s estate, especially where the nursing home abuse is traumatic and upsetting to a family.
Hiring the Right Nursing Home Abuse and Neglect Lawyer
Residents and their families who retain an attorney who is inexperienced or lacks the proper resources to handle these types of complex cases can result in the delay of a case. Whereas hiring the right lawyer, such as one of the lawyers at the Noll Law Office in Springfield, can help ensure that you get the proper representation.
Indeed, with legal representation who has the experience, skill, knowledge, and resources available to represent victims of nursing home abuse and neglect, cases usually go faster than cases with lawyers who are not experienced. This is partly due to familiarity with some of the factors above that dictate how long a case can take, including investigating a case, gathering evidence, evaluating the cause of the injury, and handling wrongful death cases. The right lawyer for you and your family has done this and much more in other cases, protecting the rights of victims and their families throughout Illinois.
Still Unsure How Long Does a Nursing Home Lawsuit Take in Illinois? Ask the Noll Law Office for a Free Evaluation
Whether you are positive you or a loved one were the victim of nursing home abuse or neglect, or whether you are still unsure, let the Springfield nursing home abuse lawyers at the Noll Law Office in Springfield, Illinois review your case. There is no upfront cost and their legal bills are only paid after they recover compensation for you. To learn more about how they can help you, contact them today to schedule your free case consultation with their law firm.