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Nursing Home Abuse Attorney in San Jose

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About Carlson Bier Associates

In the unfortunate event of nursing home abuse in San Jose, Carlson Bier is an expert in obtaining justice. We comprehend the emotional impact on victims and their families who bear witness to such deplorable acts. Our attorneys dedicate themselves passionately to battling against this disgraceful conduct, securing the rights of our clients while ensuring they receive deserved compensation. With a substantial record in personal injury cases across various jurisdictions like San Jose, we’ve built a solid reputation for excellence based on our deep understanding of legal complexities inherent in nursing home abuse cases. At Carlson Bier, we elevate your voice against negligence or maltreatment by keeping well-being and dignity at paramount importance. Employing strategic methods founded upon detailed examinations, accurate evaluation of medical records, interviews with witnesses if available ensures that we foster a formidable case for you. Rest assured that Carlson Bier excels at defeating injustices perpetrated towards vulnerable seniors: rely on us as your trusted advocate when fighting nursing home neglect or exploitation.

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About Carlson Bier

Nursing Home Abuse Lawyers in San Jose Illinois

At Carlson Bier, we’re unwavering advocates for innocent victims who have suffered injuries because of the negligent actions of others. Our expertise covers various aspects of personal injury law, and we specialize in handling cases related to Nursing Home Abuse – a predicament that is becoming an alarmingly common occurrence in Illinois. We understand that placing a loved one in a nursing home facility is not an easy decision to make and discovering their ill-treatment may be both devastative and overwhelming.

Let us help you navigate this challenging time by fighting for justice on your behalf; educating and supporting you every step of the way. Firstly, it’s important to know what constitutes Nursing Home Abuse. It includes physical harm from neglect or intentional acts, which result in injuries such as bedsores, falls, malnutrition, dehydration or unexplained wounds; emotional abuse like threats or belittlement causing anxiety and depression; sexual abuse; financial exploitation through unauthorized use of funds.

Understanding residents’ rights can empower families and seniors to stand up against wrongful treatment:

– The right to complete transparency regarding medical care

– The right to manage personal finances without interference

– The right to be free from restraints used as punishments

– The right to appropriate pain management & rehabilitation services

– The right to protection against unfair discharge or transfer

Sadly enough, many instances go unreported due to intimidating tactics by culpable parties. Hence it’s crucially important for families and individuals with elder relatives in nursing homes stay vigilant about these possibilities.

Situated within the legal jurisdiction of Illinois state laws, our mission at Carlson Bier steers clear towards providing proactive support while pursuing max compensation for any damages endured due adverse circumstances prevailing within professional care facilities. Once connected with our dynamic team of experienced lawyers skilled in navigating complex litigation landscape involved around Nursing Home Abuse cases: together we dissect intricate matters ranging from proof collection to establishing liability along assembling cohesive case strategies ultimately paving way for effective legal actions. Various compensations that can be claimed in these cases include:

– Medical expenses: Past and future medical costs linked to the injury

– Pain and suffering: Physical or mental distress caused by injuries

– Loss of companionship: Emotional pain suffered by family members

– Punitive damages: Additional monetary relief intended to punish the offender

Bringing an end to this message, Carlson Bier aligns itself with unwavering commitment towards providing competent aquitectural capabilities through a humanistic lens; a combination rare yet direly needed in today’s fast paced societies.

Knowlege serves power when utilized rightly & it’s about time rightful owners are put back in power – reigning supreme so no citizen is left vulnerable because of foul play manipulated against them due unethical conduct seeping into noble institutions portrayed as sanctuaries serving public interest.

At Carlson Bier, we believe that you have the right to know how much your case could potentially yield before proceeding, which is why we strongly encourage you to click on the button below. By doing this simple action, you’ll be able to determine just how much compensation your case may be worth without committing yourself legally. Get started on this step towards justice today!

Find Out How Much Your Case is Worth
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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 San Jose

Areas of Practice in San Jose

Bike Collisions

Dedicated to legal services for victims injured in bicycle accidents due to other parties' recklessness or unsafe conditions.

Burn Wounds

Providing skilled legal advice for patients of severe burn injuries caused by occurrences or misconduct.

Hospital Incompetence

Delivering experienced legal representation for patients affected by medical malpractice, including surgical errors.

Items Accountability

Dealing with cases involving dangerous products, offering skilled legal help to clients affected by defective items.

Elder Malpractice

Defending the rights of aged individuals who have been subjected to malpractice in elderly care environments, ensuring compensation.

Stumble and Slip Incidents

Adept in addressing trip accident cases, providing legal assistance to clients seeking recovery for their losses.

Newborn Damages

Providing legal aid for kin affected by medical malpractice resulting in newborn injuries.

Motor Crashes

Mishaps: Devoted to helping patients of car accidents secure equitable compensation for harms and destruction.

Bike Collisions

Specializing in providing legal advice for bikers involved in bike accidents, ensuring just recovery for harm.

18-Wheeler Mishap

Delivering professional legal advice for clients involved in semi accidents, focusing on securing appropriate claims for damages.

Building Accidents

Engaged in defending workmen or bystanders injured in construction site accidents due to safety violations or negligence.

Cerebral Impairments

Focused on offering expert legal advice for individuals suffering from head injuries due to carelessness.

K9 Assault Injuries

Adept at tackling cases for individuals who have suffered damages from canine attacks or beast attacks.

Pedestrian Accidents

Dedicated to legal advocacy for pedestrians involved in accidents, providing dedicated assistance for recovering recovery.

Unwarranted Passing

Fighting for grieving parties affected by a wrongful death, delivering sensitive and experienced legal support to ensure redress.

Spinal Cord Impairment

Committed to supporting persons with spinal cord injuries, offering professional legal assistance to secure settlement.

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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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