If a loved one is mistreated or ignored in a nursing home, their family will naturally want justice. However, there are strict deadlines for taking legal action, as established by the statute of limitations on personal injury claims. If you miss the deadline, you might lose the chance to hold the responsible people accountable. Learn more about the nursing home negligence statute of limitations in Chicago below.
Knowing these legal time limits is essential for families who want to take action against nursing homes that don’t provide proper care. The rules for filing a claim depend on the state; sometimes, exceptions allow for more time. This guide explains how the statute of limitations works when exceptions apply and what steps to take if you need to file a lawsuit against a negligent nursing home.
What Is Nursing Home Negligence?
Nursing home negligence happens when a facility or its staff doesn’t provide residents with the proper care, which can risk their health and safety. This can include ignoring basic needs, not preventing falls, giving the wrong medication, or allowing physical, emotional, or even financial abuse. When this kind of neglect causes serious harm or even death, legal action might be the only way to hold the responsible parties accountable.
Signs of nursing home negligence include:
- Unexplained injuries such as bruises, bedsores, or fractures
- Poor hygiene or unsanitary living conditions
- Sudden weight loss or dehydration
- Unusual changes in behavior or mood
- Medication errors or inconsistent medical care
- Staff being uncooperative or unwilling to answer questions
Families should act quickly if they notice any of these warning signs. Gathering evidence early and consulting with an attorney can help determine whether a legal claim is appropriate.
Filing Deadline for Nursing Home Claims
The time you have to file a negligence lawsuit depends on the state’s laws where the incident happened. In Illinois, most personal injury cases—including those related to nursing home negligence—must be filed within two years from the date of the injury. However, certain circumstances might allow for exceptions.
This two-year deadline applies to most cases involving:
- Physical injuries caused by neglect or abuse
- Emotional trauma due to mistreatment
- Financial exploitation of a nursing home resident
If a lawsuit isn’t filed within this time limit, the right to take legal action could be lost. Even if two years sounds like plenty of time, it’s always wise to speak with a lawyer as soon as possible to avoid any complications or missed deadlines.
Wrongful Death Statute of Limitations for Nursing Homes
If a nursing home’s negligence leads to a resident’s death, their family has the right to file a wrongful death lawsuit. Illinois has a two-year window from the date of death to take legal action. That might sound like plenty of time, but in law, time flies—miss that deadline, and you’re out of options.
A wrongful death lawsuit can help cover the following:
- Funeral and burial costs
- Medical bills related to the injury before death
- Loss of companionship and the emotional impact on family members
These cases can be legally complicated, and proving that negligence caused the death requires solid evidence. An experienced attorney can make a massive difference in helping families through the legal process and holding the nursing home accountable.
Exceptions to the Statute of Limitations for Negligence
While Illinois law sets strict deadlines, certain exceptions can extend the time available to file a claim. These exceptions include:
- Delayed Discovery: If an injury was not immediately apparent, the statute of limitations may start when the harm is discovered.
- Mental Incapacitation: If the victim was mentally incapacitated at the time of the abuse, the deadline might be extended.
- Fraud or Concealment: If the facility actively hid evidence of negligence, courts may allow additional time to file a claim.
Delayed discovery is significant in cases where victims have conditions like dementia, which can make it hard for them to recognize or report abuse or neglect. Because of this, it’s up to family members to stay alert and step in if they notice any signs of mistreatment. If something seems off, waiting too long to act could mean missing the chance to hold the nursing home accountable.
Personal Injury Claims Against Nursing Homes
You can file a personal injury claim against a nursing home to cover medical bills, pain, and emotional distress. But Illinois has strict deadlines, so don’t wait too long to take action.
Compensation in a personal injury lawsuit may include:
- Costs for medical treatment and rehabilitation
- Expenses for transferring to another care facility
- Pain and suffering caused by neglect or abuse
- Punitive damages in cases of extreme misconduct
If a nursing home fails to meet acceptable standards of care, the responsible parties should be held accountable. Pursuing legal action provides justice for the victim and helps prevent similar cases of neglect in the future.
Steps for Pursuing a Nursing Home Negligence Claim
Filing a claim takes several steps, like gathering evidence, working with a lawyer, and making sure everything follows state laws. Here’s how it usually goes:
- Collect Evidence: Get medical records, witness statements, and photos.
- Talk to a Lawyer: They’ll review the case and suggest the best approach.
- File the Lawsuit: Make sure it’s submitted before Illinois’ deadline.
- Settle or Go to Trial: Some cases are settled, but others go to court.
A lawyer can also tell you if a settlement offer is fair or if fighting in court is the better move. Nursing homes and their insurance companies try to pay as little as possible, so having legal help is key to getting the compensation the victim deserves.
Why You Need to Act Quickly
Time is crucial in nursing home negligence cases because the longer you wait, the harder it is to collect solid evidence. Records can go missing, witnesses may forget details, and physical proof might disappear. Taking legal action isn’t just about compensation—it’s also a way to hold negligent facilities accountable and help prevent future abuse, protecting other residents from harm.
Speak With a Nursing Home Negligence Lawyer
If you suspect a loved one has been harmed due to negligence, taking legal action promptly is critical. The team at Karlin, Fleisher & Falkenberg, LLC is prepared to review your case and guide you through the nursing home negligence filing process. Contact a nursing home negligence attorney today for a free consultation by visiting our contact page or calling 312-346-8620.