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Nursing Home Abuse Attorney in Carol Stream

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About Carlson Bier Associates

Entrusting the care of loved ones to a nursing home often comes with immense trust and expectation. However, if that trust is violated through neglect or abuse in Carol Stream, Carlson Bier is your resolute advocate. We are adept at handling nursing home abuse cases and hold perpetrators accountable for their actions while seeking maximum compensation for victims’ distress.

Our attorneys astutely navigate intricate rules surrounding these cases and have an impeccable record of securing justice. Our expertise goes beyond mere legal representation; we provide emotional support during this challenging time because our ultimate mission is victim welfare.

At no point does the physical distance from our Illinois-based firm hinder us from delivering top-notch legal services tailored to ward off such abuses in Carol Stream’s nursing homes. With an unwavering commitment, we aim to rectify wrongs by ensuring care institutions uphold standards meant to foster respect and dignity among elders.

Choose Carlson Bier — a team dedicated not just towards winning lawsuits but restoring peace and wellbeing back into seniors’ lives residing anywhere within Illinois.

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About Carlson Bier

Nursing Home Abuse Lawyers in Carol Stream Illinois

At Carlson Bier, we understand the emotional anguish and frustration that comes from witnessing a loved one suffer in a nursing home due to neglect or abuse. Based in Illinois, our experienced personal injury attorneys specialize in advocating for victims of nursing home abuse and their families. As staunch defenders of your rights, we take on the fight so you can focus on your family’s well-being.

Nursing Home Abuse is a grave offense, urged by prevailing negligence and misconduct within residential care facilities. Although it’s an unfortunately common issue, many may not fully comprehend its seriousness or various forms. Overall, this constitutes four main types: physical abuse; emotional or psychological mistreatment; sexual exploitation; and financial scamming.

• Physical Abuse includes bodily harm inflicted through violence like hitting, pushing, restraining using force.

• Emotional & Psychological Mistreatment encompasses any act damaging the resident’s mental health such as seclusion, verbal denigration or intentional infliction of fear.

• Sexual Exploitation refers to non-consensual sexual contact of any form.

• Financial Scamming involves illegal misappropriation of a resident’s money or property.

It might be challenging for outsiders to notice symptoms given the victim’s limited interactions outside the facility. However, signs might include frequent unexplained injuries; changes in behavior; severe weight loss; unauthorized transactions or alterations in financial documents.

At Carlson Bier, our team undertakes comprehensive investigation into these matters – reviewing medical records and conducting interviews if necessary – all with utmost regard for your privacy. We believe pursuing justice should also consider preserving dignity during this difficult time.

The laws governing Nursing Home Abuse are complex but specific rights protect residents under Illinois law:

– The right to live free from neglect/abuse/exploitation.

– The right to adequate medical treatment.

– The right to privacy regarding their medical condition/treatment

– Right against unjustified transfer/discharge

If these cherished rights are violated leading your loved ones to suffer abuse or neglect, Carlson Bier stands ready to provide skilled legal representation. We’re committed to deliver swift, comprehensive solutions focused on their best interests.

Potential consequences for perpetrators vary widely from fines and sanctions by regulatory bodies, loss of operating license to even jail time in severe cases. However, it’s essential the victims are adequately compensated for violation of their rights and resulting injuries.

Our team doesn’t just represent you legally; we care deeply about your family’s hardship – working round-the-clock to build a strong case. We advance all costs related with your claim and will only charge legal fees if we successfully recover compensation on your behalf.

We truly believe that everyone deserves justice and access to authentic professional advice is key. Given diverse resources needed during this challenging ordeal – medical help, therapeutic intervention, relocation support – knowing the potential financial burden can provide important relief.

At Carlson Bier, we offer free evaluation for your unique situation helping you understand what your claim might amount up-to ensuring you’re not settling less than deserved!

While no monetary settlement can entirely compensate for the pain endured, it provides necessary finances covering healthcare costs or alternative living arrangements easing some stress stemming from a regrettable situation.

The unfortunate reality of nursing home abuse underscores why vigilant advocacy through law firms like ours is so critically important — because everyone deserves respect, safety and dignity. If you suspect that a loved one has been victimized due to nursing home abuse in Illinois’ facilities – know you aren’t alone! Your courage confronting this issue matters not just for your family but potentially helps protect other unsuspecting residents as well from enduring similar fate – making each disclosed incident an opportunity improving the system at large.

We hope this information offered clarity regarding complexities surrounding Nursing Home Abuse thus supporting informed decisions when acting against such indignities perpetrated on helpless seniors dependent on others’ mercy.

To affirmatively act against such heinous maltreatment and bring perpetrators into the fold of justice – every step, however small it might seem – matters. To get started on this path, simply click the button below for a free case evaluation and find out how much your case may be worth. At Carlson Bier, we are with you at every step of this journey, providing empathetic support and effective legal services to help you fight against nursing home abuse.

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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 Carol Stream

Areas of Practice in Carol Stream

Bike Mishaps

Proficient in legal advocacy for individuals injured in bicycle accidents due to others's lack of care or risky conditions.

Thermal Damages

Giving professional legal assistance for patients of grave burn injuries caused by accidents or negligence.

Physician Carelessness

Offering professional legal services for patients affected by hospital malpractice, including misdiagnosis.

Merchandise Responsibility

Handling cases involving defective products, offering specialist legal support to consumers affected by harmful products.

Aged Neglect

Advocating for the rights of the elderly who have been subjected to malpractice in elderly care environments, ensuring restitution.

Trip and Fall Mishaps

Specialist in handling fall and trip accident cases, providing legal representation to individuals seeking restitution for their damages.

Newborn Harms

Supplying legal aid for households affected by medical incompetence resulting in newborn injuries.

Vehicle Mishaps

Accidents: Concentrated on guiding sufferers of car accidents obtain equitable remuneration for wounds and losses.

Bike Accidents

Focused on providing legal assistance for motorcyclists involved in motorcycle accidents, ensuring rightful claims for damages.

Truck Crash

Extending adept legal support for clients involved in semi accidents, focusing on securing just settlement for hurts.

Building Accidents

Dedicated to representing staff or bystanders injured in construction site accidents due to recklessness or carelessness.

Cerebral Damages

Expert in delivering expert legal assistance for patients suffering from cerebral injuries due to misconduct.

K9 Assault Wounds

Expertise in addressing cases for people who have suffered wounds from dog attacks or wildlife encounters.

Foot-traveler Crashes

Focused on legal assistance for pedestrians involved in accidents, providing expert advice for recovering recovery.

Unfair Death

Striving for families affected by a wrongful death, delivering empathetic and expert legal services to ensure compensation.

Spine Damage

Specializing in advocating for patients with paralysis, offering professional legal representation to secure justice.

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