Does Illinois Cap Damages in Nursing Home Abuse Lawsuits?

  • If your loved one has suffered at the hands of a negligent or abusive nursing home, you might be considering filing a lawsuit. You will likely have many questions pertaining to the laws for filing a nursing home abuse case in Illinois.

    One of the questions you could be asking yourself relates to whether Illinois caps damages for elder abuse cases. We’re here to answer that question today, and perhaps a few others.

    Damages in Illinois Nursing Home Abuse and Neglect Cases

    There are no damage caps in Illinois for nursing home abuse cases. Your abused elderly family member can be awarded compensation for economic loss, non-economic loss, and for especially egregious conduct—known as punitive damages.

    Economic damages are all the losses the abused dealt with of a financial nature. Things such as the cost of transferring the family member to a new care facility and medical expenses for treatment of abuse will fall under the economic damages umbrella.

    Pain, suffering, and the like are paid under non-economic damages. Caps on these damages are usually considered to be unconstitutional in the state of Illinois. A jury can award your loved one damages based on their calculations of what is fair for the pain and suffering endured at the hands of a negligent nursing home.

    Get in Contact with a Nursing Home Abuse Attorney Today

    If your loved one has been neglected or abused, you want justice for them. You likely can’t get that on your own, not without legal assistance. You need to win your case in order to receive the monetary compensation you’re after. Make sure you partner with an Illinois nursing home abuse attorney who can help you win.

    To reach Mahoney & Mahoney, LLC and obtain your free case evaluation, call us directly at 815-656-4600. You can also visit our website to get more of your questions answered.