By Dan Noll on July 9th, 2024 in Nursing Home Abuse
Injured Due to Nursing Home Abuse, Neglect or Negligence? Springfield Nursing Home Negligence Lawyers Share How Much Can You Sue a Nursing Home for Negligence in Illinois
Nursing home abuse is a serious problem. The World Health Organization (WHO) reports that one in six elderly adults are the victim of abuse or neglect every year. Whereas the United States National Council on Aging (NCOA) reports that one in ten Americans will experience some form of abuse, although it is also acknowledged that only one in 24 cases of abuse are reported. The cost of this abuse is estimated to result in a present-day amount over $8.8 billion in health care spending. This figure does not necessarily also include the costs of pain and suffering or wrongful death due to nursing home abuse. Indeed, the Springfield nursing home negligence lawyers at the Noll Law Office are frequently asked by victims and their families how much can you sue a nursing home for negligence in Illinois.
Unfortunately, this question is difficult to answer because there are many factors that dictate compensation.
But at the Noll Law Office, their compassionate and experienced legal team offers free case evaluations. At these meetings, residents and their families can ask questions about their rights under Illinois law. This includes what components of their potential case might increase or decrease the value of a case. To learn more, contact their experienced Springfield nursing home negligence lawyers to schedule your consultation by dialing (217) 414-8889.
How Much Can You Sue a Nursing Home for Negligence in Illinois?
Initially, the honest answer is that you can sue a nursing home or long-term care facility for any amount of money. Unlike some other states, Illinois does not have any cap on damages.
Thus, how much you can sue a nursing home for negligence in Illinois is really based on what the facts allow you to seek. These facts are based on what evidence you are able to gather to support your claim. This includes medical records and investigatory reports from the facility, agencies, or the police. Based on the total results, the value of a case could range from a few thousand dollars to millions of dollars. The amount that you may be entitled to will depend on certain specific factors.
Specific Factors
Some of these factors that dictate how much you can sue a nursing home for negligence in Illinois include the following:
- What are the injuries (i.e., broken bones versus brain injury versus lacerations)
- Amount of medical bills associated with the error
- Whether there was surgery or a need for future surgery
- If there were permanent restrictions, disability, or injuries
- Subjective amount of pain and suffering by the victim (i.e., the victim’s actual pain, agony, ache, distress, and harm)
- Objective amount of pain and suffering (i.e., what other victims with similar injuries have received in lawsuits or settlements)
- Settlements in cases that are similar
- Verdicts in cases that are similar, which are stronger than a settlement because it is what a trier of fact (a jury or judge) awarded
- Whether punitive damages are appropriate
- Costs and disbursements
- Attorney’s fees can also be awarded under the Illinois Nursing Home Care Act
- Wrongful death damages, and
- Other factors relating to nursing home personal injuries or the wrongful death of an innocent person in Illinois.
Why is There No Calculator for These Factors?
Although you may have seen online that some law firms and non-lawyer companies have a calculator for personal injury damages, those are to be avoided. These use factors such as multiply the medical bills and lost wages by a certain number (which is usually arbitrary). Any law firm that is using this type of calculator and gives you a number as to the value of your case without fully investigating it, should be avoided.
That’s because many of the factors that go into valuing a nursing home negligence lawsuit depend on flexible considerations. A computer cannot balance this, and it is even for a non-lawyer to do it – which is why juries consist of many people who can discuss what is relevant, fair, and within the bounds of how they interpret the law. But skilled and knowledgeable lawyers can help give a range of what the amount could be based on their experience and prior cases.
Thus, victims who are injured due to nursing home abuse, neglect, or negligence in Illinois should contact an experienced lawyer to review their case and help give a range of how much you can sue a nursing home for negligence. At the Noll Law Office, those questions and answers are free with no obligation to sign up.
Need Help Determining How Much You Can Sue a Nursing Home for Negligence? Call the Noll Law Office
After you or a loved one were seriously injured due to nursing home negligence in Illinois, call the experienced Springfield nursing home abuse lawyers at the Noll Law Office to learn more about your rights to compensation. It is not easy to determine how much you can sue a nursing home for negligence, especially without an experienced lawyer. Thus, schedule a free consultation with the Noll Law Office to learn more about what compensation you may be entitled to and how much your case may be worth by dialing (217) 414-8889.