Illinois Elder Abuse Laws

Illinois has several laws intended to protect seniors, including the Elder Abuse and Neglect Act. Under this act, certain individuals are required to report suspicions or confirmed instances of elder abuse or neglect. The act ensures funding for the Illinois Department on Aging, which is meant to offer help to individuals 60 years and older who have been abused, neglect, or exploited. It also provides criminal and civil protection to those who file reports of abuse, neglect, or exploitation in good faith.

The Illinois Domestic Violence act also protects seniors who are abused, neglected, or exploited by a family member or household member. It allows seniors to obtain orders of protection against those who have or are harming them.

Additionally, Illinois has criminal laws that cover physical, sexual, and financial abuse of elders. Those who have harmed seniors in their care can be charged with misdemeanor or felony offenses, and if found guilty, punished with fines, imprisonment, and other penalties.

Whether or not the person responsible for harming your loved one is charged with a crime depends upon the local prosecutor. However, criminal charges do not necessarily impact your or your relative’s right to file a civil claim. You or your loved one may file a negligence claim against a caretaker or facility whether or not a prosecutor pursues criminal charges. However, if charges are filed or someone is found guilty, this can support a nursing home abuse or neglect case.


Filing A Nursing Home Neglect Lawsuit

If your loved one has suffered an injury at the hands of a nursing home staff, they may have the right to file a lawsuit against the individual and/or facility and pursue compensation. However, there is a time limit on when your loved one can file a lawsuit based on personal injuries. They have two years from the date of the injury or the date in which they knew or reasonably should know they were injured due to negligence to file the lawsuit.

If you believe your loved one died early because of nursing home abuse or neglect, call us right away. You only have two years in which to file a wrongful death lawsuit under Illinois law. This is why it is essential you speak with a Springfield nursing home abuse lawyer as soon as possible. If you or your loved one have the right to sue, you need to know as soon as possible in order to have time to prepare and file.


Nursing Home Abuse and Neglect Compensation

If your loved one was harmed due to nursing home abuse or neglect, they may be able to obtain compensation for:

  • Medical Expenses
  • Pain and Suffering
  • Emotional Distress
  • Disability
  • Disfigurement
  • Reduced Quality of Life

If your loved one passed away, you may be able to obtain compensation for your grief, sorrow, and mental suffering. Your relative’s spouse may pursue compensation for the loss of their spousal relationship, known as loss of consortium.


Contact Our Springfield Nursing Home Abuse and Neglect Attorneys 

If at any time you believe your loved one has been harmed or is in danger at their care facility, contact Staver Accident Injury Lawyers, P.C. We will help you through the process of protecting your loved one and holding the at-fault parties responsible. Depending on the circumstances, we may guide you through filing a complaint with a local or state agency, contacting the police to pursue criminal charges, and filing a personal injury or wrongful death lawsuit against the facility. Whatever path we recommend, your loved one’s health and safety will be our top priority.

To speak with Springfield nursing home neglect attorney, reach out to us at (217) 528-9955 or use the online contact form to request a free consultation.