The victim of the abuse or neglect can file a claim. If the person who has been abused or neglected has a legal guardian, the legal guardian must file the claim on behalf of the person. In addition to bringing a claim on behalf of the victim, guardians can also pursue a claim to recover economic losses they have suffered, such as lost wages. Legal grounds for these claims are not limited to residential nursing homes, and claims for abuse or neglect can also be filed for injury caused by in-home assistance and supervision services.

The statute of limitations in Missouri is generally 5 years for cases of neglect and abuse. The statute of limitations in Illinois is generally 2 years for cases of neglect and abuse. Seek the advice of an elder abuse lawyer to better understand the varying elements that might affect deadlines, statutes of limitations, and restrictions on suing a nursing home for negligence.

Examples of the liable parties we can bring a case against include:

• Assisted living facilities
• Group homes
• In-home assistance and supervision services
• Nursing homes
• Rehabilitation centers
• State-run and private facilities

Our experienced nursing home abuse attorneys work on a contingency fee basis, which means clients do not pay us fees until or unless we recover compensation for them . Any legal fees or expenses will come out of the damages we recover from your lawsuit. We care first and foremost about pursuing justice and providing compensation to you and your family.

If you suspect that someone has been the victim of nursing home abuse or neglect, contact our office today for a free and confidential consultation.

These cases can be incredibly complex, but Padberg Appelbaum Knepper is here to make the process as easy as possible. We have some of the best nursing home neglect lawyers in Missouri to assist you in navigating the legal side of these incidents so your family can focus on healing.

Abuse and neglect can take many forms. Physical abuse and sexual abuse are more common and easier to detect due to the physical evidence. However, it can also be emotional abuse, such as public humiliation or embarrassment, or neglect, such as failing to properly supervise someone resulting in injury or death. The abuse can happen in the victim’s home or at a group facility, and the perpetrator frequently is a family member or supervisor.

Common signs include:

• Injuries, Bruises or Broken Bones
• Weight Loss or Weight Gain
• Dehydration or Malnutrition
• Unsanitary Conditions
• Bed Sores or Pressure Sores
• Sepsis
• Falls
• Unexplained Death

Adult victims (victims over the age of 18), including persons with disabilities, may have to provide a deposition and attend pretrial conferences and mediations. They may also be required to be present at trial.

It is common for criminal and civil cases to proceed simultaneously, as they are carried out by different parties and seek separate outcomes. Criminal cases are investigated by regulatory agencies and will be pursued by police and prosecuting attorneys on behalf of the state. Civil cases will be represented by experienced nursing home negligence attorneys in order to represent the family, seeking financial damages for the victim or victims’ injuries and losses in order to hold the caretaker accountable.

The first step a family member should take in a case of suspected nursing home abuse is to remove the victim from the environment. Then, in addition to contacting a nursing home attorney, we advise contacting a state agency or hotline to formally report the abuse.

• Missouri Department of Health and Senior Services: (800) 392-0210
• Illinois Adult Protective Services: (866) 800-1409
• Illinois Department of Public Health Hotline: (800) 252-4343

We also recommend documenting anything that may be relevant to the case. This could include a timeline of occurrences, photographs of any injuries, a list of the caregivers’ names, and a communication log with the caregiver or facility. Additionally, it is important to collect documentation from the care facilities, investigative agencies and medical providers who have provided treatment to the abuse or neglect victim.