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What is the Process for Filing a Nursing Home Abuse Lawsuit?

Home » Our Blog » What is the Process for Filing a Nursing Home Abuse Lawsuit?

By Dan Noll on July 15th, 2024 in Nursing Home Abuse

Springfield Nursing Home Abuse Lawyers Share: What is the Process for Filing a Nursing Home Abuse Lawsuit in Illinois?

Nursing homes and long-term care facilities provide an important and necessary service for victims and their families in Illinois. Although most facilities properly care for our loved ones, some do not. Indeed, quarterly violation reports posted on the Illinois Department of Public Health website reveal significant and troubling issues at facilities throughout the state. Some of these violations relate to issues that do not involve resident care, but there are many that do have some type of impact on a resident’s care, treatment, and overall safety at a facility. When residents are injured due to a lack of proper care at an Illinois nursing home or long-term care facility, they may be entitled to compensation for their personal injuries, medical bills, and other damages. Unfortunately, many defendants will not fairly pay victims or their families. As a result, many residents ask the experienced Springfield nursing home lawyers at the Noll Law Office what is the process for filing a nursing home abuse lawsuit in Illinois and how they can get compensation.

At the Noll Law Office, their bodily injury law firm can file a lawsuit for residents and their families after abuse, neglect, or negligence that causes personal injuries and other damages. This includes thoroughly investigating a claim, speaking with leading experts and treating medical providers, and serving a settlement demand to attempt to resolve the matter favorably for a resident. Unlike other personal injury law firms, the Noll Law Office handles all cases in-house and does not farm cases out across Illinois or to large city law firms. Rather, an attorney from your community will handle your case in a dedicated manner. To learn more about how the Noll Law Office and their experienced Springfield abuse and neglect lawyer can help you and your family, contact them today by scheduling a free case evaluation by dialing (217) 414-8889.

How to File a Lawsuit in Illinois Nursing Home Abuse Cases

Understanding what is the process for filing a nursing home abuse lawsuit is ordinarily a task for a lawyer. Although there is no legal requirement for a victim to hire a lawyer to represent them in a nursing home abuse or neglect lawsuit, not doing so is very risky and potentially disastrous. That’s because there are many pitfalls that a non-lawyer could fall into, some of which are irreversible and may lead to the dismissal of an action. This means that even a very meritorious and egregious case of nursing home abuse or neglect could be procedurally dismissed.

Thus, it is important to contact an experienced Springfield nursing home abuse and neglect lawyer to handle your case and properly file a lawsuit. Generally, the process for filing a nursing home abuse lawsuit in Illinois includes the following:

Investigation Phase

Before commencing a legal action, a plaintiff (the victim) will need to investigate a claim. This includes gathering medical records, incident reports, agency reports, law enforcement records, and other pertinent documents that can help with the filing of a lawsuit. This information will become documentary evidence that can be used to help support a claim.

Once this information is gathered, it is evaluated by the lawyers and sometimes experts to give their opinion as to fault, what potential claims may be present, and what damages may be appropriate to seek. Although initial findings can usually be amended to include new claims or additional damages, that is not always the case.

Drafting Phase

After an expert agrees that there was medical or nursing home malpractice, or where it is determined by a lawyer that there was nursing home abuse, neglect, or negligence due to non-medical errors, the initiatory papers can be drafted. This includes the summons (bringing a party to court) and the complaint (pleading that sets forth the allegations and claims for compensation).

In most instances, the pleadings are drafted specifically enough to allege certain claims and injuries. However, they are still broad enough to include many forms of potential negligence, especially those which may become more obvious as the case goes through “discovery” – the phase when the parties exchange evidence. This takes a very special skill to do, which is why a lawyer is often best suited to do this as opposed to a non-lawyer who could make certain errors in pleading.

Settlement Demand and Discussion Phase

Oftentimes after a claim is investigated, the papers are drafted, and before a lawsuit is formally commenced, there is a settlement demand issued. This is a request to resolve the matter without having to commence litigation, often demanding a certain sum based on a presentation of the law and facts. Sometimes this will result in negotiations between the parties, but other times it will not and the case will go to a formal lawsuit.

Filing and Service Phase, and Beyond

If a defendant is being unreasonable and will not fairly and justly compensate a victim, the matter won’t settle and a formal lawsuit is necessary. When that happens, the drafted pleadings get filed and served from the county where a case is to be the venue, which usually means where the victim lives, the defendant is located, or where the injuries occurred. Once those papers are filed, the case is an active lawsuit with the court system.

A defendant will then need to then serve an answer, which is a response to the allegations in the complaint. In nearly all instances, a defendant will also assert some affirmative defenses as to their conduct. Sometimes being served with a formal lawsuit will trigger a defendant and its insurance adjuster to reconsider settling a matter – especially when a defense attorney gets assigned for the first time and has the opportunity to review the formal pleadings.

Still Unsure What is the Process for Filing a Nursing Home Abuse Lawsuit in Illinois? The Noll Law Office Can Help

If you or a loved one were seriously injured, or if a loved one was wrongfully killed, due to nursing home abuse, neglect, or negligence in Illinois, contact the experienced Springfield nursing home abuse lawyers at the Noll Law Office. They offer free case evaluations and only get their legal fees paid after they recover compensation for you. To learn more about how their personalized approach can benefit you and your family, contact them today by dialing (217) 414-8889.

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