By Dan Noll on July 19th, 2024 in Nursing Home Abuse
Nursing Home Abuse Lawyers Explain the Pros and Cons of Taking Your Nursing Home Abuse Lawsuit to Court in Illinois
One of the most common reasons why we place our loved ones in a nursing home or long-term care facility is because we are unable to provide the care and treatment that they need and deserve. Unfortunately, sometimes these facilities also don’t provide what our loved ones need and deserve – but because of abuse, neglect, and negligence. The truth is that approximately 10% of older Americans will be the victim of nursing home abuse and neglect. There are many different types of abuse and neglect, the most common types from staff include physical abuse (29%), neglect (14%), and sexual abuse (7%), with the addition of not protecting or supervising residents which results in resident-to-resident abuse (22%). Although victims of nursing home abuse and neglect may be entitled to compensation for their personal injuries and other damages, the experienced nursing home abuse lawyers at the Noll Law Office know that some defendants will not fairly pay victims and their families – even when the abuse and neglect is obvious. When defendants refuse to pay fair compensation, there are some pros and cons of taking your nursing home abuse lawsuit to court.
Here at the Noll Law Office, their compassionate legal team in Springfield can help victims and their families weigh their options and protect their rights under Illinois law. They offer free case evaluations, during which they can answer your questions and explain your legal rights. If you choose to hire their law firm and if they accept your case, they handle the upfront costs of litigation and only recover attorney’s fees after they recover compensation for you and your family. To learn more about how the experienced nursing home abuse lawyers at the Noll Law Office can help you and your family, contact them today to get started by dialing (217) 414-8889.
What Happens When a Defendant Fails to Pay You?
If a resident of a nursing home has been injured and a defendant will not offer fair compensation, there are some legal options to obtain compensation in Illinois. Initially, these options are often explored by not just working with the defendant, who is often the nursing home administrator, manager, or owner. Rather, most options go through the facility’s insurance company and an assigned insurance adjuster, or their defense attorney. These individuals have greater authority and usually can take a more detached review of what happened in a facility than the people who work, own, or are in control of a facility – and therefore are more resistant to admitting a mistake that could cost them.
Generally, nursing home claims are brought in one of two ways. The first is informally by remanding a pre-commencement (or pre-lawsuit) settlement. This is ideal for a resident, because it means compensation is often received quicker and there are less litigation expenses that could subtract from that recovery. The second type is a more formal approach through a lawsuit, which means filing a legal complaint in court and prosecuting the claim. This method may take longer for a client to recover compensation and has greater risks, but often can result in a higher award based on how the case is litigated.
Pros and Cons of Taking Your Nursing Home Abuse Lawsuit to Court
After a resident has been subjected to nursing home abuse and neglect, there are certain options to recover compensation for conscious pain and suffering, medical bills, and other damages associated with the misconduct and negligence. Although some facilities and their defense lawyers and adjusters will play fair, some will not. This will force a resident to adjust how he or she seeks compensation, including going to court.
There are many pros and cons of taking your nursing home abuse lawsuit to court in Illinois.
Pros of Taking Your Nursing Home Abuse Lawsuit to Court:
- Usually obtaining greater compensation when the case has the potential to go to trial
- Under the Illinois Nursing Home Care Act, a victim’s legal fees and costs can be paid for by the defendant
- Getting a judge assigned to the case to ensure all parties play fair
- Engaging in the formal exchange of documents in discovery, helping with the investigation by identifying pieces of evidence, witnesses to depose, and other materials that could help support a claim
- Forcing a defendant to begin to pay legal fees, which can be expensive and might be better for the defendant to settle by paying the resident instead of paying legal fees and potentially having to also pay another award to the resident
- Availing to legal rights under Illinois law, such as engaging in motion practice against a defendant to obtain a liability judgment against a negligent facility (such as in a motion for summary judgment)
- Pressure from third-parties like the media or an agency investigating a facility’s conduct may help push a defendant to settle to avoid adverse findings or bad press affecting business
- Having a jury hear the facts and decide a case against a defendant, which often can result in greater compensation for an innocent victim – especially in shocking cases of abuse and neglect, and
- Many other common causes that a nursing home abuse and neglect lawyer can discuss with you.
Cons of Taking Your Nursing Home Abuse Case to Court:
- Cases can take longer to settle because of ongoing litigation
- If there are ongoing criminal investigations, defendants may decline to participate in depositions or other discovery until after the criminal investigations are completed to avoid self-incrimination, thus delaying a case
- Some defense lawyers will try to exhaust all legal options (to collect billable hours) before they agree to settle
- Conservative counties may result in juries that give less money to victims, especially in rural areas where some facilities may be a large employer of people in the county
- Some judges are backlogged and may not be able to decide motions quickly or hold a trial for years
- Residents who are seriously injured or who are in failing health may become unable to testify, including due to disability, incompetency, or passing away, which could affect the value of a case
- Cases will cost more the farther they go into litigation due to litigation expenses like discovery, depositions, experts, motions, and other fees, and
- Other reasons that an experienced nursing home abuse lawyer can explain to you and your family.
Unsure of the Specific Pros and Cons of Taking Your Nursing Home Abuse Lawsuit to Court in Illinois? Call the Noll Law Office for Help
If you or a loved one were injured by abuse or neglect in a nursing home or long-term care facility, call the experienced nursing home abuse lawyers at the Noll Law Office to schedule a free consultation. Whether you believe you have a strong case or if you are completely unsure, their compassionate and skilled legal team can explain your rights under Illinois law. They are fifth-generation lawyers, serving the community and Illinois with a holistic and unique approach to each case – not using a cookie-cutter form like some of the larger, impersonal law firms use. To get started with their family to help your family, call the Noll Law Office today by dialing (217) 414-8889 to get started.