Ten Questions to Ask an Illinois Nursing Home Abuse Attorney

Since 2001, we have been helping people find the best nursing home injury attorney for their case. You can contact us to speak with a lawyer for free at 312-346-5320. We help people sue nursing homes for injuries everywhere in Illinois. There is no fee unless you win.

When you trust a nursing home to care for a loved one, you expect them to be safe, treated with dignity, and looked after properly. Sadly, abuse and neglect in nursing homes and assisted living facilities are far more common than most people realize. If you suspect your loved one has been harmed due to mistreatment, neglect, or substandard care, it’s important to act quickly and to hire an attorney who has real experience handling these difficult cases.

Below are ten questions we recommend asking before hiring an Illinois nursing home abuse attorney:

1. How much of your practice is focused on nursing home abuse or neglect cases?

Nursing home cases are not like car accidents or other malpractice matters. You want an attorney who handles these cases regularly and knows how to investigate them, what laws apply, and how to prove liability. Ideally, they should devote a significant portion of their practice to elder abuse and neglect cases. While there are hundreds of lawyers who say they handle these cases, I would estimate that more than 80% of the trial verdicts are handled by 3-4 law firms.

2. Have you handled cases involving injuries or abuse similar to what happened here?

Whether the case involves a fall, untreated bedsores, dehydration, medication errors, or even physical or sexual abuse, it’s important your lawyer has worked on similar cases before. They should be familiar with the warning signs, know what documentation to request, and understand the facility’s legal responsibilities. Again, very few attorneys can show this.

3. Have you sued this nursing home before?

Illinois has approximately 1,200 nursing homes and long term care facilities. That sounds like a lot, but many of them are owned by the same company. So it’s not important that your lawyer has sued your particular care center before, but they should be familiar with it.

4. Who will be handling the case on a day-to-day basis?

Make sure your case won’t be handed off to someone with little experience. Ask whether the attorney you meet will be directly involved or whether the work will primarily be done by a junior associate or staff. These cases are sensitive, and you don’t want someone using your case as a learning experience. That said, it’s common for firms to work in teams, so don’t freak out if there are younger lawyers working with more seasoned ones. Just make sure you can call on the more experienced one when needed and that if you go to trial they will be handling it.

5. How do you communicate with families throughout the case?

Clear communication matters. A good lawyer should explain how often you’ll get updates, how to reach them with questions, and what to expect throughout the legal process. You should never feel like you’re left in the dark, especially in a case involving a vulnerable loved one.

6. What are the fees and costs associated with the case, and do I owe anything if we don’t win?

Attorneys in this area work on a contingency basis, meaning there’s no upfront fee and they only get paid if you win. Still, ask whether you’ll ever be responsible for case costs (such as expert witness fees or court filings) and what happens if the case is unsuccessful. FYI, the attorneys we recommend usually charge 1/3 of what’s recovered only if they win and don’t typically don’t seek cost reimbursement unless they win.

7. What is the typical timeline for a case like this?

Nursing home abuse cases can take time to investigate and resolve. Your attorney should be able to explain the general timeline from initial investigation to potential settlement or trial, and help you understand the key stages involved. That said, if they offer guarantees of how long it will take or what you will get, especially if the injury just happened, know that is not true.

8. How many nursing home cases have you taken to trial?

While many of these cases settle, the nursing home’s legal team will know whether your attorney is willing and able to take the case to trial. You want a lawyer with courtroom experience who can negotiate from a position of strength—not one who avoids trial at all costs and pushes for a quick (and sometimes, lowball) settlement.

9. What can I do to help strengthen the case?

Your involvement may include documenting your loved one’s injuries, requesting records, or gathering photos and witness accounts. A good attorney will give you specific, practical advice about what you can do to support the investigation.

10. Are there any deadlines I should be aware of?

Illinois has strict statutes of limitations for filing nursing home abuse lawsuits. There may also be reporting requirements to state agencies. Your attorney should explain exactly how much time you have and ensure that no important deadlines are missed.

If you have concerns about how a loved one is being treated in a nursing home or assisted living facility, we can help. We assist families throughout Illinois in finding the best attorney for their case. Call us any time at 312-346-5320.