CHICAGO ELDERLY ABUSE ATTORNEY

Chicago Elder Abuse Attorney

Elder abuse takes many forms, including physical abuse, emotional trauma, financial exploitation, and neglect that can cause serious injuries or even death. The Curcio & Casciato Chicago elder abuse attorneys help local victims and their families seek compensation from negligent long-term care facilities. Our dedicated legal team understands the devastating impact abuse has on vulnerable residents. We’re committed to protecting seniors throughout Cook County. Call Curcio & Casciato at (312) 321-1111 or fill out our online contact form for a free consultation with a Chicago nursing home abuse lawyer.

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Chicago Elder Abuse Lawyers Protecting Vulnerable Seniors in Cook County

Our Chicago elder abuse lawyers bring decades of experience in fighting nursing home neglect and exploitation. Families trust nursing homes to provide proper medical care for their elderly loved ones. When facilities fail in this responsibility through negligence or intentional mistreatment, our experienced attorneys step in to pursue legal action on behalf of victims. The Curcio & Casciato team provides compassionate representation for victims in Chicago, Naperville, Evanston, Oak Lawn, and throughout Cook County.

What Is Elder Abuse in Illinois?

Elder abuse in Illinois encompasses physical, emotional, financial, or sexual abuse of adults age 60 and older, as well as neglect that endangers their health and safety. The Illinois Elder Abuse and Neglect Act defines abuse broadly to include caregiver misconduct in nursing homes, assisted living facilities, home care settings, and other long-term care facilities. Financial exploitation of vulnerable adults who cannot manage their own financial affairs represents one of the most common types of elder abuse cases our firm handles. Elder abuse constitutes both a criminal offense subject to prosecution and a civil cause of action in Illinois.

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Types of Chicago Elder Abuse Cases our Nursing Home Abuse Attorneys Handle

Our attorneys represent victims who have suffered many types of abuse in nursing homes. Backed by years of experience within the Chicago legal system, we work hard to secure fair compensation for your losses.

Nursing Home Abuse Cases

Physical abuse by nursing home staff represents one of the most disturbing violations of trust that residents and families can experience. Our Chicago nursing home physical abuse attorneys investigate cases involving staff pushing, hitting, or restraining residents improperly. Such mistreatment often results in broken bones, bruises, and other visible physical injuries. Nursing home residents who cannot defend themselves due to dementia, limited mobility, or other vulnerabilities face particularly serious risk from abusive caregivers.

Nursing home neglect occurs when facilities fail to provide the basic care, medical attention, and supervision required to keep residents safe and healthy. Our team handles various nursing home negligence cases in Chicago. We help local families take legal action when residents develop bed sores from being left in one position too long. Our Chicago nursing home malnutrition attorneys seek compensation for harm caused by inadequate feeding assistance, cost-cutting measures, and ignoring patients. When residents fall and injure themselves due to a lack of proper supervision, we hold facilities accountable. Neglect in a nursing home setting often stems from understaffing, inadequate training, or facility policies that prioritize profit over resident care. 

Families and residents can pursue nursing home malpractice cases when medical professionals working in long-term care facilities provide substandard treatment that harms elderly residents. Staff may administer the wrong medications or incorrect dosages, resulting in significant complications for the resident. Sometimes, nursing homes neglect to monitor residents with serious medical conditions that require ongoing attention. Families trust that their elderly loved ones will receive competent medical care from nurses and other professionals employed by Chicago nursing homes. When those professionals fail to follow proper medical protocols, our Chicago medical malpractice lawyers help local families pursue compensation.

Elder financial abuse and exploitation involve theft of money, property, or assets from vulnerable seniors who may not have the capacity to manage their own financial affairs. Our Chicago elder abuse attorneys investigate cases where caregivers steal from bank accounts, use power of attorney improperly, forge checks, or make fraudulent credit card charges. Financial exploitation also includes scams targeting Chicago seniors, undue influence to change wills or estate plans, and identity theft cases that devastate victims financially.

Verbal abuse, threats, intimidation, and isolation represent forms of emotional abuse that cause significant psychological harm to nursing home residents. Our elder abuse attorneys handle cases where staff members humiliate, degrade, or threaten elderly residents. Such actions create an atmosphere of fear that prevents victims from reporting abuse to family members or authorities. Isolation tactics include withholding social activities, preventing family visits, and deliberately cutting off vulnerable residents from their support systems. If you need a nursing home emotional abuse attorney in Chicago, call Curcio & Casciato today. 

Sexual abuse of nursing home residents is one of the most heinous forms of elder abuse. Cases may involve unwanted sexual contact, rape, or sexual assault by staff members or other residents. Elderly residents, particularly those with cognitive or communicative limitations, cannot provide meaningful consent. Our Chicago nursing home sexual abuse attorneys recognize the need to protect vulnerable residents from sexual predators. Facilities that fail to conduct proper background checks, provide adequate supervision, or respond appropriately when sexual abuse is reported must be held accountable for their negligence. 

When elder abuse or neglect leads to the death of a nursing home resident, surviving family members can file wrongful death lawsuits against the facility and responsible parties. Our Chicago nursing home wrongful death lawyers handle cases where inadequate medical care, lack of supervision, medical malpractice, or abuse caused fatalities. Illinois law allows certain family members to recover damages for loss of companionship, funeral expenses, and medical costs incurred before death. 

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Chicago Nursing Homes with Elder Abuse Complaints

Many nursing and assisted living facilities throughout Cook County have faced elder abuse complaints, regulatory violations, and lawsuits from families whose loved ones suffered harm. Families researching potential facilities should review complaint histories, inspection reports, and court records. These sources can help you identify nursing homes with patterns of abuse, neglect, or regulatory violations that put residents at serious risk.

Warning Signs of Elder Abuse in Chicago

If your loved one is residing in a nursing home, keep an eye out for common signs of nursing home abuse in Chicago, IL. Be mindful of bruises, cuts, and other injuries, particularly if the nursing home staff cannot sufficiently explain the cause. Sudden weight loss may indicate malnutrition or that the resident is suffering adverse psychological effects from mistreatment. If staff fail to provide adequate assistance with personal care, you may notice poor hygiene or unsanitary conditions. Bed sores, also known as pressure ulcers, can develop when elderly residents aren’t repositioned properly or don’t receive enough food or water. Abused or neglected residents may become withdrawn, depressed, or fearful of certain caregivers. Look for signs that your loved one is being exploited, such as unexplained financial transactions or missing money. Staff may overmedicate or unnecessarily sedate residents for their own convenience. Refusal to speak freely in front of staff is also a major warning sign of abuse.

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Elderly Abuse Laws in Illinois

Illinois law provides comprehensive protections for elderly residents through multiple statutes that define abuse, establish reporting requirements, and create civil remedies for victims and their families. 

Illinois Elder Abuse and Neglect Act

The Illinois Elder Abuse and Neglect Act defines abuse, neglect, and exploitation of adults age 60 and older. It establishes mandatory reporting requirements for healthcare providers and other professionals who work with elderly populations. This state law creates both criminal penalties for abusers and civil remedies allowing victims and family members to seek compensation for harm suffered due to abuse or neglect. Under this act, the Illinois Department on Aging must investigate complaints about nursing homes. Additionally, Adult Protective Services must intervene when elderly residents face a serious risk of harm. 

The Illinois Nursing Home Care Act establishes comprehensive standards governing the operation of nursing facilities and the rights of nursing home residents. The act includes a fee-shifting provision allowing victims who prevail in nursing home abuse lawsuits to recover their attorney’s fees from the facility. This makes it financially feasible for families to pursue justice even in complex cases. The law specifies that regulatory violations are actionable only when they directly cause harm to residents. Our experienced attorneys work hard to prove the connection between facility failures and the injuries our clients suffered. 

Cook County Illinois Adult Protective Services (APS) investigates reports of elder abuse and provides emergency intervention for at-risk seniors. Families can report suspected abuse by calling the 24-hour hotline at 1-866-800-1409. These services connect families with investigators who assess the situation and coordinate with law enforcement when criminal conduct is involved. APS can arrange emergency medical care, temporary protective placement, and other services to provide immediate protection from ongoing abuse. 

How to Report Elderly Abuse in Illinois

If you suspect nursing home abuse or neglect is occurring, report your concerns immediately to Illinois APS by calling the hotline at 1-866-800-1409. Contact the Chicago Police Department, using 311 for non-emergency reporting or 911 if your loved one faces immediate danger. File a complaint with the Illinois Department of Aging as well as the Illinois Department of Public Health, which regulates nursing facilities throughout the state. The Long-Term Care Ombudsman Program can investigate complaints, mediate disputes, and ensure facilities address problems affecting resident safety and care quality. Document all evidence of suspected abuse by taking photos of injuries, preserving medical records, gathering facility records you can access, and maintaining copies of financial statements.

What Should Family Members Do After Reporting Suspected Abuse

After reporting suspected elder abuse to appropriate authorities, consult with a Chicago elder abuse attorney to discuss your legal options. Continue gathering new evidence of abuse or neglect. This can include photos of injuries, notes about conversations with staff, and records of medical treatment your loved one receives for abuse-related harm. Consider visiting your elderly loved one more frequently and varying your visit times to observe different shifts and conditions. Whenever possible, speak privately with your family member away from staff to learn the truth about what’s happening.

Penalty for Elder Abuse in Illinois

Elder abuse is often charged as a felony in Illinois. Penalties depend on the circumstances of the abuse or neglect. Perpetrators may face prison sentences and significant fines. For example, courts typically charge criminal neglect of long-term care facility residents as a Class 4 felony. Penalties include a prison sentence of 1 to 3 years. Nursing home staff members convicted of abuse face loss of professional licenses, criminal records that prevent future employment in healthcare, and potential civil liability for damages they caused.

Damages Available in Chicago Elder Abuse Lawsuits

Victims of elder abuse and their families can recover significant damages through nursing home abuse lawsuits. This includes compensation covering medical expenses, ongoing care costs, pain and suffering, and emotional distress caused by abuse or neglect. Illinois law allows punitive damages in cases involving willful misconduct or conscious disregard for resident safety. Courts award these damages to punish facilities for egregious behavior and deter future abuse. The Illinois Nursing Home Care Act’s fee-shifting provision means victims can also recover attorney’s fees and costs when they prevail in court. Courts award damages related to wrongful death in applicable cases and financial restitution to exploitation victims.

Statute of Limitations for Elder Abuse in Illinois

Illinois law establishes a two-year statute of limitations for personal injury claims arising from elder abuse. This deadline is measured from the date of injury or when family members reasonably should have discovered the abuse occurred. Wrongful death cases also carry a two-year deadline starting from the date of death, making prompt action crucial to preserve your legal rights. Financial exploitation cases may have extended deadlines depending on when the theft or fraud was discovered and whether the elderly victim lacks the capacity to manage their own affairs. Immediate action after discovering suspected abuse helps preserve evidence, secure witness testimony, and meet strict filing deadlines.

How a Chicago Elderly Abuse Attorney Can Help

Our Chicago elder abuse attorneys provide comprehensive legal representation that begins with investigating your loved one’s case. The Curcio & Casciato team gathers facility and medical records and consults with expert witnesses who can explain how abuse or neglect caused harm. We handle all communications with the nursing home, its insurance company, and defense lawyers, protecting you from tactics designed to minimize the facility’s responsibility or shift blame to victims.

Experience in Voiding Unfair Arbitration Clauses in Nursing Home Abuse Claims

Many Chicago nursing facilities include arbitration clauses in admission agreements to prevent families from bringing nursing home abuse lawsuits to court. Instead, these facilities attempt to compel claims into private arbitration, which typically favors their interests. Our experienced attorneys have successfully challenged and voided these unfair arbitration clauses. We may argue that clauses were signed under duress, exceeded the scope of arbitrable matters under Illinois law, or violated public policy protecting vulnerable nursing home residents.

Chicago Elder Abuse Lawyers: Wrongful Death Cases

When elder abuse or nursing home neglect causes the death of your loved one, our Chicago elder abuse lawyers provide compassionate representation. We carefully investigate the circumstances leading to death. Testimony from medical expert witnesses can prove how abuse or neglect directly caused or contributed to your loved one’s passing. State laws allow recovery for funeral expenses, medical costs before death, loss of companionship and support, and the pain and suffering your elderly loved one endured before dying. Our team will help you pursue maximum compensation for your family’s devastating loss.

Our Chicago Elder Abuse Law Firm’s Success Rates

Our law firm has successfully recovered compensation for elderly victims of nursing home abuse and medical malpractice in Illinois. We achieve verdicts and settlements that hold facilities accountable while providing families with the resources they need. Two of our notable Chicago nursing home verdicts included settlements of $200,000 and $325,000. Our success stems from thorough investigation, aggressive representation, knowledge of Illinois elder abuse laws, and willingness to take cases to trial when facilities refuse to offer fair settlements.

Elder Abuse Resources in Chicago

Cook County residents can access multiple resources when dealing with suspected elder abuse. Call Cook County APS at 1-866-800-1409 for immediate investigation and intervention. The Illinois Department on Aging (1-800-252-8966) provides information on elder rights and facility oversight. Local Long-Term Care Ombudsman programs advocate for nursing home residents and can be reached at 1-800-252-8966. The Chicago Police Elder Abuse Unit investigates criminal cases. The Illinois Attorney General’s Elder Abuse Hotline (1-866-673-6339) offers additional reporting options and legal resources. The Legal Assistance Foundation of Metropolitan Chicago provides free legal aid to eligible seniors facing abuse or exploitation. The Chicago Department of Family and Support Services offers senior services, including case management, support groups, and connections to community resources that help families protect elderly loved ones.

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Contact a Chicago Elder Abuse Lawyer For a Free Consultation

If you suspect your elderly loved one has suffered abuse or neglect in a Chicago nursing home, contact Curcio & Casciato today for a free consultation. Our dedicated legal team is available 24/7 for urgent elder abuse cases. We offer home and hospital visits when needed and handle cases on a contingency fee basis, so you pay no legal fees unless we recover compensation for your family. With decades of experience in elder abuse law, we hold abusers and facilities accountable and help you protect your loved one. Our team serves clients in Chicago, Evanston, Naperville, Joliet, and throughout Cook County.

Call Curcio & Casciato at (312) 321-1111 or fill out our online contact form to schedule your confidential consultation with a Chicago elder abuse attorney today.