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Nursing Home Abuse Attorney in Fairmont

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About Carlson Bier Associates

When faced with the distressing reality of nursing home abuse in Fairmont, you need an empathetic yet fierce advocate by your side. Carlson Bier offers unsurpassed legal expertise in this area, built upon years of personal injury litigation experience. We comprehend the intricate nature of such cases and strive to secure justice for our clients who have been subjected to negligence or mistreatment. Our proficiency reflects not just in our strategic approach but also through our keen ability to compassionately understand and diligently act upon your concern as if it were ours. So when dealing with abuse that span from negligent care to emotional harassment or financial exploitation, know that choosing Carlson Bier can help ensure assertive representation backed by a fine-tuned understanding of Illinois’ laws surrounding elder care rights and responsibilities. Navigate comfortably towards justice with us at the helm, promising unflinching commitment until fairness is achieved for those who should be protected rather than exploited at their most vulnerable stage. Trust on Carlson Bier – advocating powerfully against nursing home abuses while serving victims fearlessly every step of the way.

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About Carlson Bier

Nursing Home Abuse Lawyers in Fairmont Illinois

At Carlson Bier, we specialize in personal injury law with a keen focus on nursing home abuse cases. As an esteemed and trusted law firm based in Illinois, our mission is to arm individuals and families with the knowledge they need to protect their rights and seek justice.

Nursing home abuse is sadly common, yet seldom reported due to multiple reasons such as victim’s fear or lack of awareness about their legal rights. It manifests in several forms which include physical harm, neglect, emotional mistreatment, exploitation, and sexual abuse.

• Physical Harm: includes acts where seniors are hurt physically by staff or other residents. This could involve domestic violence style assaults or even excessive restraint.

• Neglect: entails situations when the elder’s basic needs – feeding, bathing, medicine administration – are ignored resulting in deterioration of health.

• Emotional Mistreatment: covers instances entailing humiliation through harsh words, isolation from others deliberately causing distress.

• Exploitation: involves illicitly taking advantage of an elderly person’s finances or property.

• Sexual Abuse: engages unwanted sexual attention or harassment towards the resident.

In any case mentioned above, it’s crucial that you take immediate action if your loved one is involved. Moreover, early intervention can significantly boost the likelihood of stopping such deplorable actions and ensure justice for your family member.

We understand how overwhelming this can be for victims and their families. Our highly skilled team at Carlson Bier remains committed to simplifying complex legal intricacies associated with nursing home abuses. We navigate through relevant laws meticulously helping clients find respite by building strong evidence-based cases. From gathering necessary documents to coordinating with critical experts who corroborate your claims – we tirelessly work on every phase till we achieve success.

The nursing home industry is regulated by various state and federal laws aiming at ensuring safety standards for elderly people living in these facilities – few important ones being The Nursing Home Reform Act (1987), Illinois Nursing Home Care Act, and Elder Justice Act. A violation of any of these laws could provide a solid basis for your lawsuit.

Moreover, it’s essential to know the Illinois statute of limitations for personal injury cases that virtually indicates timeframe you have to file a lawsuit. In majority of situations, this deadline is within two years from when abuse was detected or should’ve been discovered reasonably.

We believe in empowering victims with legal knowledge which leads them towards the path of justice while ensuring they feel heard and supported. Your undivided attention must be on helping your loved one recover emotionally and physically from such traumatic experiences. We assure you can rely on our services as we efficiently handle the stressful legal proceedings endeavoring to secure maximum compensation your claim rightfully deserves.

Calling upon an experienced nursing home abuse attorney promptly ensures that vital evidence remains protected, strengthening spinning wheels of justice in your favor. At Carlson Bier, we leave no stone unturned investigating each claim thoroughly so victim’s trust isn’t broken further instead feels vindicated ensuring their voice doesn’t go unheard.

The process may seem daunting; however having an expert by your side makes it far more manageable plus transparent providing those affected peace along with assurance understanding steps being taken navigate towards justice successfully.

Now’s the time to take action! Click on the button below to get started understanding just how much compensation your case could hold – maximising potential outcomes striving help rebuild lives impacted by such degrading incidents giving back control placed rightfully in hands where they belong.

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Nursing Home | Elder Abuse FAQ​

The signs and symptoms of nursing home abuse or neglect can vary depending on the type of abuse or neglect that is occurring. However, some common signs and symptoms include:

  • Physical abuse: This could include bruises, cuts, fractures, and other injuries.
  • Emotional abuse: This could include verbal abuse, intimidation, and isolation.
  • Sexual abuse: This could include sexual touching, intercourse, and other sexual acts.
  • Neglect: This could include malnutrition, dehydration, and poor hygiene.

If you suspect that your loved one is being abused or neglected in a nursing home, you should:

  • Report your suspicions to the nursing home administrator.
  • Contact the local ombudsman, who is an advocate for nursing home residents.
  • File a complaint with the state’s department of health or human services.
  • Contact a nursing home abuse lawyer. A lawyer can help you understand your rights and options, and can represent you in court if necessary.

As a family member of a nursing home abuse or neglect victim, you have the right to:

  • Visit your loved one at any time.
  • Have access to your loved one’s medical records.
  • Be informed of your loved one’s care plan and treatment.
  • File a complaint against the nursing home if you believe your loved one is being abused or neglected.

Yes, you may be able to file a lawsuit for nursing home abuse or neglect if your loved one has been injured due to the negligence or recklessness of the nursing home. A nursing home abuse lawyer can help you understand your rights and options, and can represent you in court if necessary.

All Attorney Services in Fairmont

Areas of Practice in Fairmont

Two-Wheeler Mishaps

Proficient in legal assistance for individuals injured in bicycle accidents due to negligent parties' recklessness or unsafe conditions.

Fire Injuries

Giving adept legal services for sufferers of serious burn injuries caused by occurrences or carelessness.

Hospital Negligence

Delivering specialist legal services for patients affected by medical malpractice, including misdiagnosis.

Merchandise Responsibility

Managing cases involving problematic products, offering expert legal help to customers affected by product-related injuries.

Nursing Home Abuse

Supporting the rights of nursing home residents who have been subjected to neglect in care facilities environments, ensuring fairness.

Tumble & Stumble Accidents

Adept in addressing fall and trip accident cases, providing legal services to persons seeking recovery for their injuries.

Newborn Harms

Extending legal support for loved ones affected by medical incompetence resulting in neonatal injuries.

Vehicle Accidents

Accidents: Concentrated on aiding victims of car accidents get reasonable recompense for wounds and destruction.

Two-Wheeler Incidents

Dedicated to providing legal assistance for bikers involved in bike accidents, ensuring fair compensation for harm.

18-Wheeler Mishap

Delivering experienced legal advice for drivers involved in trucking accidents, focusing on securing adequate settlement for injuries.

Worksite Crashes

Engaged in supporting workers or bystanders injured in construction site accidents due to negligence or negligence.

Neurological Harms

Focused on extending compassionate legal representation for individuals suffering from neurological injuries due to incidents.

Dog Bite Damages

Expertise in addressing cases for persons who have suffered damages from canine attacks or animal attacks.

Jogger Crashes

Committed to legal support for joggers involved in accidents, providing expert advice for recovering compensation.

Undeserved Fatality

Working for loved ones affected by a wrongful death, providing empathetic and professional legal representation to ensure justice.

Neural Damage

Dedicated to supporting patients with spine impairments, offering professional legal services to secure compensation.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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