How Can Hiring a Nursing Home Abuse Attorney Help Victims Win Their Cases?

 Posted on October 29, 2024 in Nursing Home Abuse

When a loved one suffers abuse or neglect in a nursing home, hiring an attorney can be the most important part of pursuing justice and winning a case. An Illinois nursing home neglect lawyer understands the specific laws that protect residents and knows how to fight for the victims and their families. By leveraging their legal expertise and resources, an attorney can build a stronger case, helping the victims and their families get fair compensation and hold the nursing home accountable.

In our last blog, we discussed when families can tell that it is time to contact a nursing home injury attorney. In this blog, we will follow up by diving deeper into how attorneys help families negotiate settlements and win court cases. 

How Does an Attorney Help in Negotiating Settlements or Court Cases?

Experienced attorneys can represent victims in negotiations with nursing home facilities and their insurance providers, who often aim to settle cases quickly and for as little as possible. With a lawyer’s help, victims are more likely to achieve a fair settlement that reflects the true costs of the harm suffered, including medical bills, emotional trauma, and other losses. 

In cases where the facility is unwilling to offer fair compensation, a skilled attorney can present the case in court, utilizing the gathered evidence and expert testimony to advocate for the victim’s rights.

Why Is It Worth the Cost to Hire an Attorney for a Nursing Home Abuse Case?

The cost of hiring an attorney is worth it, especially in egregious cases where a loved one has suffered severe injury, neglect, or abuse. Many nursing home abuse attorneys, including Schwartz Injury Law, work on a contingency basis, meaning they only receive payment if the victim’s family recovers compensation. This arrangement can make legal representation affordable while ensuring the attorney is motivated to achieve the best possible outcome. 

Why Is Evidence So Important in Nursing Home Abuse Cases?

Evidence is the foundation of any nursing home abuse case, and gathering it can be challenging without an attorney’s expertise. Abuse can often be difficult to detect and prove, especially if there are no direct witnesses. Attorneys know how to gather hidden information, such as staff turnover records, evidence of past facility violations, and any relevant medical documentation. With strong evidence, attorneys can demonstrate patterns of neglect or abuse, strengthening the case and helping ensure the facility is held accountable for its actions or inactions.

What Are Some Examples of Nursing Home Abuse that a Lawyer Can Help With? 

Here are a couple of classic examples of nursing home abuse and neglect that have resulted in successful case outcomes. 

Example One - An Elderly Woman Shows Signs of Negligent Care

A family noticed troubling signs of neglect when visiting their elderly mother, Ellen, in a nursing home. After seeing unexplained bruises and signs of dehydration, the family contacted a nursing home abuse attorney. The attorney immediately began gathering evidence, one key step being to request Ellen’s medical and care records from the nursing home.

Using the Illinois Nursing Home Care Act, the family’s attorney issued a formal request for the records. This law requires nursing homes to provide certain records within specific timelines. By ensuring timely access to Ellen’s care records, the attorney could review notes on daily care, staff schedules, and facility incident reports. These records, along with staffing logs, revealed that Ellen’s needs were frequently overlooked due to severe understaffing and inadequate training.

The attorney then helped the family find medical experts to review the care records and assess Ellen’s injuries. Using this evidence, they filed a legal claim against the nursing home, demanding compensation for her suffering and any additional medical care Ellen needed. The pressure of this case prompted the facility to settle, providing funds for Ellen’s recovery and improving her family’s peace of mind. Further, the legal action encouraged the nursing home to review its practices, benefitting other residents by addressing staffing and care concerns.

Through their attorney’s efforts, Ellen’s family achieved justice, compensation, and systemic improvements that could help prevent similar neglect for other residents.

Example Two - A Grandfather Develops Bedsores and Weight Loss 

The Rodriguez-Smithe family became alarmed when their elderly father, Daniel, began showing unusual weight loss and signs of bedsores during visits to his nursing home. After speaking with nursing staff but receiving no clear answers, they reached out to a nursing home abuse attorney for help.

The attorney filed a formal request for Daniel’s medical records, nursing logs, and facility staffing reports. The attorney also subpoenaed documents related to past citations, maintenance records for health equipment, and video footage from common areas in the facility. These records exposed a pattern of understaffing and neglect, including missed medical check-ups and improper care for Daniel’s mobility needs. With this evidence, the attorney built a strong case, presenting expert witness testimony on the harm caused by lack of care and the facility’s repeated neglect.

The attorney then filed a claim for both compensation for Daniel’s suffering and funding for his ongoing medical needs, placing significant pressure on the nursing home to settle. The case led to a fair settlement, giving the Rodriguez-Smithe family the resources to move Daniel to a safer environment and cover his rehabilitation costs. Furthermore, the case resulted in stricter oversight and new policies at the facility, helping protect other residents from similar neglect.

Contact a Chicago, IL Nursing Home Abuse Lawyer Right Away

If you suspect a loved one has been a victim of nursing home abuse, consulting a Cook County, IL nursing home abuse attorney can make all the difference. At Schwartz Injury Law, we take a compassionate approach to our clients and an aggressive approach to nursing home facilities that are responsible for abusing or neglecting vulnerable residents. Our attorneys can build a strong case, helping your family secure the compensation and justice you deserve and protecting other residents in the future. Contact Schwartz Injury Law at 312-535-4625 to discuss your case in a free consultation and learn how we can assist.