What Is the Nursing Home Abuse Statute of Limitations in Chicago?

The statute of limitations governs the timeframe within which a lawsuit must be filed after an elderly person suffers an injury due to nursing home abuse. In Illinois, the nursing home abuse statute of limitations for most cases is two years. Exceptions may apply in cases involving special circumstances.

Contact the Chicago nursing home abuse lawyers at DePaolo & Zadeikis at 312-263-7560 to better understand the applicable statute of limitations and other key details about your nursing home abuse case.

Missing the statute of limitations can have severe consequences for your case. Learn more about how the statute of limitations impacts your nursing home abuse case below to help you achieve a successful outcome.

Statute of Limitations for Nursing Home Abuse Lawsuits in Illinois

The Illinois Nursing Home Care Act sets forth resident rights in a nursing home. It holds administrators and owners of Illinois nursing homes accountable for injuries resulting from abuse or neglect. According to the 2023 Illinois Department on Aging 2023 report, the state’s Adult Protective Services responded to 20,759 reports of abuse and neglect.

When an elderly loved one becomes a victim of nursing home abuse, you can pursue justice and financial compensation through a nursing home abuse lawsuit. Your first step should be to learn more about how these lawsuits work in Illinois. While people may be more interested in knowing how much a case is worth and how long a nursing home abuse lawsuit takes, it’s essential to find out the obstacles that could prevent you from filing a lawsuit and receiving compensation. The statute of limitations can be a safeguard as well as an obstacle on your path to obtaining justice. As a result, it’s one of the most important things to understand in a nursing home abuse lawsuit.

The statute of limitations is a law that imposes a deadline on your right to file a lawsuit. It’s set by state governments and can vary greatly from one state to another.

In most nursing home abuse cases in Chicago and the rest of Illinois, including those involving wrongful death, the statute of limitations is two years from the date the abuse occurred, or when the abuse was discovered or reasonably should have been discovered. There are exceptions that could shorten or extend the nursing home abuse statute of limitations. For example, the statute of limitations could be shorter, often one year, if a government entity owns or operates the nursing home. The statute of limitations could be extended to five years from the discovery date if the nursing home fraudulently concealed facts or evidence.

Missing the statute of limitations will result in you being unable to hold the nursing home accountable and recover compensation. The nursing home will likely file a motion to have your case dismissed due to the expiry of the statute of limitations. The court will typically grant the request.

How to Determine When the Statute of Limitations Begins

Establishing the starting date of the statute of limitation period is crucial to avoid missing out on the chance to pursue legal justice and recover compensation from the at-fault party.

In some cases of abuse, an injured resident knows or should’ve known they suffered injuries on the day the abuse occurs, for example, when a traumatic injury occurs from a fall due to physical abuse or neglect. The statute of limitations would begin to run on the date of the incident. The second anniversary of the incident would be the deadline for filing a lawsuit.

In other cases, you may be unaware of a loved one’s injuries when the abuse occurs. You may only discover the resident was injured after some time has passed. For example, you may only learn of financial abuse after several unusual transactions or changes to accounts. Elderly residents and their loved ones may not immediately notice or experience outward symptoms of abuse. In such cases, the statute of limitations starts running when you discover or reasonably should’ve discovered the abuse or injury. If an elderly person has a legal disability and can’t handle his or her own legal affairs, the statute of limitations will start running after the removal of the disability.

Computing the exact date the nursing home abuse statute of limitations starts running and how much time you have left can be difficult. It often requires an intense review of the facts of the case and paperwork and medical records from the nursing home. Discussing your case with a nursing home abuse lawyer allows you to accurately determine when the statute of limitations starts in your case.

Nursing home abuse lawyers have the skills to assess your case and help you better understand the statute of limitations that applies to your claim.

When to Get a Nursing Home Abuse Lawyer

It’s best to speak to a nursing home abuse lawyer and pursue legal action as early as possible after your elderly loved one’s injury or death, rather than wait until the statute of limitations is nearing its end to do so. Here are the top reasons why:

• Several steps should be taken before filing a lawsuit: Preparing a lawsuit takes time. Some steps must be taken before filing a nursing home abuse lawsuit. A nursing home abuse attorney will require ample time to investigate your claim, obtain records from the nursing home, and sometimes even rely on expert analysis before filing a lawsuit. The more time your attorney has, the easier it will be for him or her to do a full investigation and build a strong case.
• Preserve evidence: The availability of evidence proving abuse and neglect is greater soon after the incident has occurred or been discovered. If you wait too long, physical evidence could be destroyed, and witnesses could become unavailable. The memories of victims may fade quickly.
• Accelerate the process and financial recovery: The sooner you file a case, the sooner you can have it resolved and recover compensation to help cover medical bills and other costs.

Even if you think the statute of limitations has expired, don’t assume before checking with a nursing home abuse attorney. An experienced attorney can verify whether there’s still time to file a lawsuit and do a thorough analysis to uncover exceptions that could apply to your case.

Steps to Take After Nursing Home Abuse Has Occurred in Chicago

When you discover nursing home abuse has occurred and act quickly to address it, you help stop abuse from continuing, prevent additional harm to the victim, protect other residents from experiencing similar injuries, and ensure those responsible for the abuse are held accountable. You can take several key steps to handle the situation in Illinois.

Report to the Administrator

You should report the abuse to the facility’s administration. This should prompt a swift response and investigation into the matter. There are several other measures you can take if the nursing home doesn’t resolve the issue.

Call 911

Call 911 if the case involves severe abuse and your loved one is facing immediate danger.

Document the Abuse

It’s important to educate yourself on how to differentiate between normal signs of aging and nursing home abuse, and document any signs of abuse you notice. Documenting signs of abuse helps you build a strong case.

Take photographs of visible injuries and living conditions. Keep a detailed record of conversations related to the abuse and changes in your loved one’s health condition, mood, or behavior. In case of financial abuse, collect financial records that indicate financial exploitation. Collect the names and contact details of witnesses and record witness statements if possible. A nursing home attorney can later interview these witnesses skillfully to get more information to substantiate your legal claim.

Report to State Authorities for Elder Protection

You can report nursing home abuse to elder protection authorities. In Illinois, you can file a complaint with your local long-term care ombudsman and the Illinois Department of Public Health (IDPH). The notes and reports compiled from the inspections by these agencies can later be helpful to your lawsuit.

Contact a Lawyer

It’s crucial to schedule a consultation with an experienced attorney familiar with nursing home abuse and neglect in Chicago and throughout Illinois. An attorney will explain your legal options and help plan the next steps that best suit your situation.

A nursing home abuse lawyer will investigate your case and review the victim’s medical records. The lawyer will then advise whether you have a case against the facility. The lawyer will take the appropriate steps to build a strong case and file a lawsuit on your behalf against the nursing home and any other parties responsible for the abuse.

At DePaolo & Zadeikis, our lawyers have more than seven decades of combined experience helping injured people, including victims of nursing home abuse, obtain compensation for their injuries in Chicago and throughout Illinois. We’ve recovered over $300 million on behalf of our clients. Contact us today to schedule a free consultation about your nursing home abuse case.