By Dan Noll on January 20th, 2023 in
- What does the Noll Law Office charge to represent clients in a nursing home abuse and neglect case?
- Their firm represents individuals and estates on a contingency fee basis. What that means is that you will not have to pay anything unless they are successful. The Noll Law Office will pay all of the associated costs of litigation including filing fees, deposition costs, and expert witness retainers. If they are successful in obtaining a settlement offer or jury verdict, they would take their costs and fees out of that award. If they are unsuccessful, you would not owe them anything.
- Does the Noll Law Office represent victims of nursing home abuse and neglect outside of Springfield, IL?
- Yes. The Noll Law Office will represent clients throughout the State of Illinois. Their attorneys are licensed in the State of Illinois. If you have a case outside of the State of Illinois, please call and ask them if it is something they could help you with. While their physical building is in Springfield IL, modern technology has made it possible for them to meet with clients virtually. So, if the injuries occurred at a nursing home in the State of Illinois, they would be happy to speak to you to see if they can help you get answers.
- Where do you file a nursing home case?
- Generally speaking, you would file the lawsuit in the county in which the nursing home is located. For example, if the neglect occurred at a nursing home in Springfield, Illinois, you would file in Sangamon County Circuit Court. There are some exceptions to this such as if the facility is owned by a business out of State which may require filing in federal court. When in doubt, you should speak to an experienced nursing home neglect attorney to determine where to file the lawsuit.
- How long do I have to file a nursing home abuse or neglect lawsuit?
- Generally speaking, the statute of limitations in the State of Illinois is two years from the date of injury. There are some exceptions to this rule. If you are concerned about the statute of limitations, you should contact an attorney immediately to see if you can file the lawsuit before you are permanently barred from doing so.
- Who may file a nursing home lawsuit?
- If the nursing home resident is alive and manages their own affairs, they would bring the lawsuit. If they have a power of attorney for property, normally that individual has the ability to bring a lawsuit on behalf of the injured person. If they have a legal guardian, the guardian would bring the suit. If the nursing home resident has passed away, the executor of their estate would bring the lawsuit.
- How do I file a complaint against a nursing home?
- You can file a complaint against a nursing home through the Illinois Department of Public Health. Their complaint form can be found here. If you would like assistance with this, contact the Noll Law Office today for a free initial consultation. They will discuss your case and help you through this process at no charge.
- What do I need to have to know if I have a valid nursing home abuse or neglect case?
- In order to give an initial legal opinion, the lawyers at the Noll Law Office would need to have at minimum a copy of the nursing home records as well as any other evidence in your possession. Ideally, the attorneys like to have the entire medical file of the resident while they were at the nursing home, medical records from any other medical providers they saw, witness statements, photographs and videos, correspondence with the nursing home facility, autopsy, the results of the Illinois Department of Public Health finding and a review from an expert in the field in which the alleged neglect or abuse occurred. While it is unlikely that you have all of these materials right now, don’t worry! The Noll Law Office will be happy to help you obtain them in order to determine if you or your loved one was the victim of abuse or neglect.
- If we hire the Noll Law Office, will they help us create an estate if our loved one passed away due to nursing home abuse and neglect?
- Yes.
- What is the difference between nursing home abuse and nursing home neglect?
- The biggest difference between nursing home abuse and nursing home neglect is the intent of the healthcare providers. Common examples of nursing home abuse could be sexual assault, hitting the resident, pushing the resident, or verbal abuse. Nursing home abuse is generally characterized by an intentional action where neglect is not. Common examples of nursing home neglect are failing to turn residents which results in bedsores, residents falling due to improper staffing levels, or improper administration of medications. Both abuse and neglect are unacceptable in any nursing home. If you believe your loved one is a victim, contact the attorneys at the Noll Law Office today for a free consultation.