Our Illinois nursing home attorneys are committed to keeping you apprised of recently filed nursing home negligence cases in our state. Below you will find case summaries pulled from court filings. While the information contained in these summaries is general in nature, we feel that this helps give you an idea as to the types of cases that make their way to the courthouse.The Nursing Home Litigation Process
The commencement of a lawsuit is the first step in a lengthy legal process that an injured person or their families typically go through in order to get their cases resolved. In Cook County, Illinois (the largest court system in the state) once cases are filed, they are assigned a judge who oversees the matter as it progresses through the phases of discovery until it is ready for trial. Once ready for trial, the matter is transferred to another judge who will oversee the trial of the case.
By the time a nursing home lawsuit has made it’s way to trial, quite a bit of work has been done on the case by the attorneys for both the nursing facility as well as those who represent the plaintiff or party initiating the case. The issues have likely be narrowed down and the both sides have a good idea as to what the trial will focus on.
Nursing home negligence lawsuits, like other tort-related cases, progress through a series of phases from the time a lawsuit is filed to trial. The initial period, sometimes referred to as the ‘pleading phase’ involves the filing of the lawsuit by the plaintiff and answers filed by the defendant (facility being sued). After pleadings have been filed, the parties exchange written questions, known as interrogatories that are to be answered under oath by the person who has the most knowledge on the topic. The third phase is oral discovery, where parties and witnesses are asked questions under oath and their responses are recorded by a court reporter in a proceeding called a deposition. The fourth and final stage prior to trial is when expert witnesses as disclosed and deposed.Some Cases Will Get Resolved, Others Will Not
Most of the lawsuits listed below will get resolved before they go to trial. Some of the cases will be resolved shortly after filing while others may get resolved at some point during the discovery process. There are many factors that may play into if and when a nursing home case gets resolved—and for how much money. From the perspective of a family who is trying to assess the strength of their case, it can be somewhat frustrating as there are some factors that come into play that are beyond your control including:
- Overall degree of culpability on the part of the facility—how bad was their conduct?
- What are the injuries? Are they severe enough to the point where the person will require additional care? Did they die?
- How old is the person involved? Like it or not, facilities tend to value the life of an older person less than someone younger.
- Who is the insurance company for the facility? Some insurance companies want to settle cases quickly while others want to take their chances before a jury
- Who are the lawyers defending the facility? Some defense attorneys are paid on a per-case basis while others are paid on an hourly basis where there’s little incentive to stop litigating a case.
Rosenfeld Injury Lawyers has experience representing individuals and families in nursing home lawsuits across Illinois. Our attorneys know how to evaluate cases in an efficient manner and can advise you of your legal options in a clear and concise manner. When it comes to the litigation of matters, we are ready to do what it takes to see your case through resolution with insurance company negotiations or at trial. You can take comfort in the fact that we have been successful in hundreds of skilled nursing matters and are willing to do what it takes to win.