Nursing Home Abuse Attorney in Homer

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Facing a situation of nursing home abuse can be incredibly distressing. Carlson Bier, an established Illinois-based personal injury law firm understands this and brings unparalleled expertise to aid victims in Homer city. Their proficiency not only lies in understanding the intricate legal dynamics but also their compassionate approach towards empathizing with the victim’s pain, providing both emotional support and sound legal advice. Nursing home abuse consists of physical, sexual or psychological harm inflicted on seniors by caregivers or other residents. This is unacceptable and necessitates immediate attention from specialized entities like Carlson Bier whose profound knowledge goes beyond just the traditional sense of elder law – they focus heavily on abusive environments within nursing homes as well. No case is too complex for them – from instances involving neglect-induced injuries to complication arising due to medical malpractice – they strive tirelessly defend your rights until you see justice served righteously, making them an excellent consideration for a nursing home abuse attorney group one can rely upon completely.

About Carlson Bier

Nursing Home Abuse Lawyers in Homer Illinois

At Carlson Bier, we take pride in serving the Illinois community as diligent personal injury lawyers. A critical area of our expertise is representing victims of Nursing Home Abuse. This distressing scenario occurs when loved ones residing in nursing homes suffer from physical, emotional, or financial abuses perpetrated by individuals who should be providing care and support.

Our definition of nursing home abuse encompasses a wide range of unacceptable behaviors including: physical violence, verbal mistreatment, negligence leading to malnutrition or dehydration, misallocation or theft of resident funds and substandard medical treatment among many others. These actions amount to a blatant disregard for human dignity which must not stand unchallenged.

Physical abuse unfortunately proves quite common; involving any deliberate act causing harm such as slapping or improper handling. Our team has successfully campaigned against institutions that harbor such behavior, securing justice for victims and their families.

Equally important is the fight against emotional abuse. Harm can sometimes come without bruise or broken bone yet cut just as deeply into resident wellbeing. Ostracization, mockery and verbal degradation have no place inside any registered care facility.

Financial exploitation forms another key concern; being an often-hidden form of abuse where caregivers assume unlawful control over resident finances either through manipulation or outright theft. We strive tirelessly to ensure transgressors face the full strength of legal repercussions while recovering lost assets for affected residents wherever possible.

Medical neglect dominates many cases we encounter; being evidenced through failure to administer medication correctly, ignoring dietary needs and general lapse in necessary medical attention – such instances call for immediate redress via legal action.

Understanding these types are crucial because every citizen deserves respect regardless of age or circumstance. However, it is imperative that you recognize signs indicating potential foul play; sustained bruising or injuries going unexplained merits investigation along with sudden shifts in personality could indicate ongoing emotional trauma – further signifiers include unexpected changes related to wills/financial documents pointing towards nefarious activity while chronic illness or injury surfacing repeatedly hints at possible medical neglect.

As an involved third party, you have every right and responsibility to step in. Furthermore, the law extends considerable protection towards victims of such abuses and being abreast of these rights can significantly help curtail ongoing harm while securing justice post revelation.

Important to note is that nursing home abuse claims fall under personal injury laws within Illinois – meaning identified perpetrators can face severe financial penalties and potential jail time. Additionally, a two year statute of limitation applies for filing lawsuits relating to this area; hence swift action must be taken once suspicions are raised.

Moreover, there exist specific state-imposed rights that concerned citizens should familiarize themselves with including: The Right To Be Free From Abuse capped under Omnibus Budget Reconciliation Act (1987) mandating any nursing facility participatory Medicare/Medicaid programs must protect residents from all types’ abuses; another landmark legislation – The Nursing Home Care Act (’81), provides comprehensive list of resident rights where infringement opens door for legal recourse against offending parties.

Our role as your trusted legal counsel involves collating necessary evidence substantiating abuse allegations, finding resources required for immediate safeguarding residing individual plus taking aforementioned offending entities court whilst braving through any counterclaims they may present; this we promise doing utmost passion having always championed vanguards those less capable self-defense living out their twilight years peacefully deservedly so.

We implore you not remain passive observers when signs surface hinting elderlies suffering covertly out sight behind opaque institution walls. Vigilance combined our esteemed team’s expertise holds guarantee optimal avenues redress only wait be exploited come closer reaching aim: delivering unalloyed justice served cold abusers’ tables together with archetypal Carlson Bier finesse. Schedule no obligation consultation now by clicking the button below, let us be your helping hand guiding journey towards knowing claim worth pursuing holistic closure awaiting embrace aftermath abuse nightmare end.

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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.
Education & Information

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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 Homer

Areas of Practice in Homer

Bike Collisions

Focused on legal support for persons injured in bicycle accidents due to others's recklessness or hazardous conditions.

Scald Injuries

Offering adept legal help for sufferers of grave burn injuries caused by events or negligence.

Medical Incompetence

Extending expert legal services for individuals affected by hospital malpractice, including surgical errors.

Products Liability

Addressing cases involving dangerous products, delivering specialist legal assistance to customers affected by product-related injuries.

Geriatric Misconduct

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

Trip & Stumble Occurrences

Adept in tackling fall and trip accident cases, providing legal assistance to victims seeking restitution for their injuries.

Infant Injuries

Delivering legal assistance for loved ones affected by medical carelessness resulting in birth injuries.

Auto Accidents

Collisions: Focused on supporting sufferers of car accidents receive equitable recompense for harms and damages.

Two-Wheeler Incidents

Specializing in providing representation for bikers involved in bike accidents, ensuring justice for traumas.

Truck Accident

Ensuring specialist legal representation for persons involved in lorry accidents, focusing on securing appropriate compensation for hurts.

Building Site Incidents

Dedicated to assisting staff or bystanders injured in construction site accidents due to oversights or carelessness.

Neurological Harms

Dedicated to providing dedicated legal services for patients suffering from brain injuries due to accidents.

Canine Attack Damages

Proficient in handling cases for people who have suffered injuries from canine attacks or wildlife encounters.

Jogger Crashes

Expert in legal advocacy for joggers involved in accidents, providing professional services for recovering damages.

Unwarranted Loss

Advocating for relatives affected by a wrongful death, extending compassionate and expert legal representation to ensure restitution.

Neural Trauma

Dedicated to representing clients with vertebral damage, offering expert legal support to secure redress.

Contact Us Today if you need a Person Injury Lawyer