For most people, moving into a nursing home means the loss of freedom and some amount of personal dignity. Finding a nursing home neglect or abuse attorney in Rockford is a necessity if you’re looking for a favorable outcome. Deciding to live in a nursing home, or sending a loved one to live in a nursing home, can be a difficult decision. Often, this decision is compounded by horror stories of mistreatment by staff, poor supervision, and resultant injuries. Between 1999 and 2001, one-third of nursing homes were cited for violations of the law that could have or did result in harm to residents. What’s more, 40 percent of nursing home residents report abuse by staff, and 90 percent report either being neglected by staff or witnessing another resident being neglected by staff. If you or a loved one has suffered an injury at a nursing home you may be entitled to damages – Paul Marriett is an experienced litigator in Rockford, IL – we can help!
Things to Watch Out For
Nursing home injuries can happen in a variety of ways, but prevention is key. Here are some common things to watch out for if you or a loved one is being cared for by a nursing home:
- Sudden social withdrawal
- Noticeable agitation
- Reluctance to speak
- Unusual behaviors such as biting or rocking back and forth
- Soiled clothing
Common Nursing Home Injuries
- Bed sores
- Bruises, welts, or lacerations
While the law recognizes that accidents can happen, there is an assumption of responsibility by the party responsible for the physical or emotional damage. Would a reasonable person or organization have acted differently in a similar situation? That is at the heart of most personal injury cases, and it’s why having an experienced attorney on your side is critical.
That’s because a party’s negligence is determined by four key elements and the common law principle of the “reasonably prudent” person. The four elements are best understood when posed as questions:
- Did the defendant owe a duty of care to safeguard the plaintiff against harm?
- Did the defendant breach that duty?
- Was the defendant’s breach of duty the cause of the plaintiff’s injury? And was the injury foreseeable and preventable by the defendant?
- Are the plaintiff’s injuries actual damages that can be compensated?
Monetary damages can be awarded if someone is found to be legally responsible for injuring a person. Those monetary damages are called compensatory damages or actual damages. The purpose of compensatory damages is to attempt to put the injured person in the position in which he or she would have been had the injury not occurred. These damages may include medical expenses (past and future), pain and suffering (past and future), lost wages (past and future), loss of a normal life, and loss of society. It’s important to keep records of your medical bills and time off from work, as these can help you calculate your actual damages.
In some cases, punitive damages may also be awarded to punish the defendant if his or her conduct was negligent, reckless, or intentional. Punitive damages aren’t recovered for any specific loss. Instead, they are levied against the defendant as punishment to discourage negligence in the future. The court will determine whether to award the plaintiff with punitive damages and how much the award will be. According to Illinois law, punitive damages may only be awarded if actual damages are also awarded.
Contact a Skilled Attorney Today
Nursing home injury lawsuits can be complicated. You may not receive the compensation you request if the court finds you partly responsible for the accident. That’s why the Law Office of Paul M. Marriett strives to settle nursing home injury cases with favorable terms. For a confidential, compassionate, in-depth, free, and, most importantly, thorough consultation with a Rockford Personal Injury Lawyer about your nursing home injury case in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Byron, Machesney Park, Roscoe, Rockton, or elsewhere in the State of Illinois, call or text message us at (815) 391-0089, or e-mail us 24/7/365. We offer in-office consultations, and routinely make visits to clients’ homes, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible.
What Our Clients Have to Say
“I would highly recommend Paul Marriett to anyone looking for an attorney. Paul made a difficult situation quite a bit easier from the initial phone call by keeping me informed and being upfront and honest on all the possible outcomes and what was needed to be done in order to achieve the best desired outcome. He will work hard for you and be very transparent. If you have any legal issues give Paul a call!”
Rating: 5/5 ⭐⭐⭐⭐⭐
May 21, 2019
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