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What Rights Do Nursing Home Residents Have? | Lake County Nursing Home Abuse Attorneys
What Rights Do Residents of Illinois Nursing Homes Have?
Lake County Attorneys Protecting Seniors in Nursing Homes
Nursing home residents in Illinois are guaranteed a number of personal rights by both state law and federal statutes. These rights are intended to ensure the health, safety, and overall well-being of the residents. Facilities that do not uphold or protect their residents’ rights can be held liable in both civil and criminal court.
The United States government and the state of Illinois have enacted several laws that address the rights of patients who require nursing home care, including the federal Nursing Home Reform Act of 1987, the Illinois Survival Act, and the Illinois Nursing Home Care Act. These laws were drafted in recognition that those who reside in nursing homes are often among the most vulnerable members of our society.
Guaranteed Rights
In Illinois, specific rights for nursing home patients are guaranteed by the Illinois Nursing Home Care Act (NHCA). Under the NHCA, nursing home residents have the right to:
- Lodge complaints about the care they are receiving;
- Their own clothes and personal effects, as well as storage space for personal property;
- Choose their health care providers;
- Be fully informed regarding medical treatment, including potential consequences;
- Refuse medical treatment;
- Access to their medical records for themselves or caregivers;
- Manage their own finances;
- Be free from physical or chemical restraints;
- Freedom of communication; and
- Practice the religion of their choice.
If any of these rights are violated, the resident has the right to file a claim under the NHCA.
Compassionate Nursing Home Abuse and Neglect Lawyers
To learn more about the protected rights of nursing home patients or for help with filing a lawsuit, contact the offices of Salvi & Maher, LLP today. Call 847-662-3303 for a free consultation at any of our four convenient locations. We understand the importance of protecting those in nursing homes, and we will work hard on behalf of your family. Serving clients throughout the Chicago area including Lake County, DuPage County, and Cook County.
Are the Survivors of Someone Killed in an Accident Entitled to Recover Damages for Emotional Pain, Loss, and Grief?
Compassionate Wrongful Death Lawyers in Lake County and DuPage County
When a person is killed due to the negligence or wrongful acts of another, the deceased person’s surviving spouse and next of kin are entitled to collect fair and just compensation, which includes damages for grief, sorrow, and mental suffering. It can be challenging to put a dollar value on your emotional pain, but an attorney can help.
Wrongful death claims in Illinois are primarily governed by the Illinois Wrongful Death Act (740 ILCS 180). In 2007, the Wrongful Death Act was amended to allow surviving family members of a deceased accident victim to recover “damages for grief, sorrow, and mental suffering.” This amendment was notable because prior to its passage, many case law precedents specifically directed Illinois judges and juries to not consider emotional pain or grief in wrongful death cases.
Today, such damages are available in a wrongful death claim, and they are usually sought as a separate item for compensation. Damages for grief, sorrow, and mental suffering may include expenses for psychological care, grief counseling, or therapy in addition to the overall impact of the death on your family’s emotional health.
Experienced Attorneys Who Know Illinois Law
The skilled team at Salvi & Maher, LLP understands the challenges that surviving family members face when a loved one has been killed in a tragic accident. We are committed to helping our clients recover the compensation they need to heal and move forward with their lives. A financial award cannot bring the loved one back or eliminate the loss completely, but recovering fair and just damages can be beneficial for survivors for many years to come.
If you have recently lost a loved one due to another’s actions or negligence, contact our office. Call 847-662-3303 for a free, no-obligation consultation today. We have four convenient office locations in Libertyville, Waukegan, Richmond, and Chicago.
I Fell and Was Seriously Injured. Do I Have a Personal Injury Case? | Lake County Injury Lawyers
I Fell and Was Seriously Injured. Do I Have a Personal Injury Case?
Lawyers Help Slip and Fall Injury Victims in Lake County and DuPage County
If you fell and were injured as the result of a dangerous or defective condition, you may be able to file a personal injury claim to recover any losses you experienced. These losses include any incurred medical expenses, time away from work, pain and suffering, and more. A skilled personal injury attorney can explain your available options.
When you have been hurt by someone else’s actions or negligence, a personal injury claim could allow you to collect compensation for your injuries. In order for your claim to be successful, however, you will need to show how the other person—or entity, as the case may be—was responsible for the condition that led to your injury.
Almost everyone carries a cell phone, and most phones are equipped with digital camera functions. This makes it easier than ever before for you to take pictures of the accident scene. It is important to make sure that your photos demonstrate that a dangerous condition existed and that the owner or occupant of the premises did not take sufficient action to mitigate the danger.
Perhaps a large gap in the carpeting caused you to trip. Maybe the lighting in a stairwell was poor and you missed a step. It is possible that a substantial pothole or a tree root caused the pavement in a parking lot to become uneven. Document as much as you can about the accident scene, then call an attorney for help.
Call 847-662-3303 Today
If you have suffered an injury on someone else’s property, contact the offices of Salvi & Maher, LLP right away. Our experienced personal injury attorneys will help you determine whether to file a claim for damages and will remain at your side every step of the way. Call 847-662-3303 for a free consultation at any of our four convenient locations. No fees unless you collect compensation. Serving DuPage County, Lake County, and Cook County.
Do I Have a Personal Injury Case If My Accident Was Caused By a Distracted Driver? | DuPage County Personal Injury Firm
Do I Have a Personal Injury Case If My Accident Was Caused By a Distracted Driver?
Lake County Car Accident Injury Lawyers
When you have been injured in an accident caused by a distracted driver, you may be entitled to collect compensation through a personal injury claim. Your ability to collect and the amount of available damages will depend on the unique circumstances of your case. Contact an experienced auto accident attorney to get the help you need.
It is incredibly unsafe to drive while distracted, and reports indicate that inattentive driving contributes to more than 1 million auto accidents in the United States each year. Many of these crashes cause serious injuries and death to those who are involved. Each time that a driver takes their eyes or attention away from the road—even for just a few seconds—they are putting themselves and others in severe danger.
Pursuing Damages for Distracted Driving in DuPage County
Cell phone use is perhaps the most talked about form of distracted driving today, and for a good reason. Experts suggest that using a cell phone to talk or text while driving increases the chance of a crash by 400 percent. Using a handheld cell phone and texting while driving are illegal in Illinois, which means a driver who was distracted by his or her phone creates the presumption of negligence and liability for the crash.
Distracted driving is not limited to cell phone use, however. Talking to other passengers, tending to children, or even just daydreaming are all equally dangerous forms of driver distraction. If you suspect that a distracted driving was a factor in your accident, an investigation will be necessary to determine who was at fault. The team at Salvi & Maher, LLP have the experience and knowledge to figure out what happened and to get you the compensation you deserve.
Contact our office today for a free consultation. Call 847-662-3303 to schedule an appointment. With four convenient locations, we serve clients throughout the Chicago area including DuPage County, Lake County, and Cook County.
In a Wrongful Death Case With Multiple Heirs, How Is Money Divided? | Waukegan Injury Attorneys
In a Wrongful Death Case With Multiple Heirs, How Are Damages Divided?
Protecting the Rights of Surviving Family Members in Waukegan, IL
When a wrongful death action is filed on behalf of multiple surviving family members, any damages that are awarded will be divided by the court based on each family member’s degree of dependency upon the decedent. The allocation must also account for any contributory fault on the part of the decedent or the beneficiary.
When a person is killed as the result of another party’s negligence or reckless actions, the law in Illinois allows a Special Administrator to file a wrongful death action against the alleged wrongdoer on behalf of the victim’s surviving family. The process is handled in such a way that all claims of wrongful death must be consolidated into a single action. This means that many wrongful death cases have multiple individuals who are seeking compensation.
Assuming that the action is successful and damages are available to the surviving family members, the court is responsible for determining who will get what percentage of the award. In making this determination, the court will hold a hearing to establish the degree of dependency on the decedent by surviving family members. The court must also take into account the sum total of all the percentages of dependency and any fault for the death that lies with the decedent or any of his or her dependents.
For example, if there are three survivors in a wrongful death case—one spouse and two children, and the spouse is found to be 75 percent dependent on the decedent, while one child is 50 percent dependent and the other 25 percent dependent, the total percentage of dependency is 150 percent. Each dependent’s portion of the total would equal their portion of the damages. The spouse would be entitled to 75 divided by 150, or 50 percent. The more dependent child would be entitled to 33.3 percent, and the other would receive about 17 percent.
Contact Salvi & Maher, LLP for Help
As you can see, allocating wrongful death damages to multiple heirs is a complex undertaking, but an experienced attorney can help. Contact our office for a confidential consultation regarding your case today. Call 847-662-3303 to schedule an appointment. We have four convenient offices and serve the entire Chicago area including Libertyville, Richmond, Chicago, and Waukegan.
Contact a Lake County Vehicle Accident Attorney Who is Ready to Help You
If you or a member of your family has been injured in a motor vehicle accident, contact our office. Call 847-662-3303 to set up a free initial consultation at one of our four convenient locations. There is no risk because we only collect fees if you collect compensation. With offices in Libertyville, Waukegan, Richmond, and Chicago, we represent clients in Lake County, Cook County, DuPage County, and McHenry County.