Families often hold off on calling a lawyer because they assume it will be expensive, complicated or the start of something they cannot stop. When the concern is sexual abuse of a parent or relative in a nursing home, that hesitation is understandable. Here is a plain look at what a claim costs, what happens when you reach out and why Illinois law gives residents a stronger position than most people expect.
You do not need to have reported the abuse, and nobody needs to have been charged with a crime. A civil claim asks what the facility operator knew, what it should have known and what it did.
What It Costs
Nothing up front. Nursing home sexual abuse cases are taken on a contingency fee, which means there is no fee if there is no recovery. The initial work of looking into your situation also costs you nothing.
What Happens After You Call
Asking a question does not set anything in motion. The process generally looks like this.
- You speak with a person. It is not a form or a scripted intake. You do not have to describe what happened in order to have the conversation.
- We look into who had a duty. That means which facility was responsible, what it knew, what records exist and whether a claim can still be brought. This work costs you nothing.
- You decide. We tell you plainly what is possible. If you decide not to go ahead, that is the end of it, and what you told us stays confidential.
- If you go ahead, we carry it. We handle the filings, deadlines, records and the facility's insurers. Steps can be taken to protect the resident's identity in the court record.
Why Residents Start in a Strong Position
Illinois gives nursing home residents a statutory route that most claimants do not have. The Nursing Home Care Act, 210 ILCS 45/3-601, makes the owner and licensee of a facility liable to a resident for any intentional or negligent act or omission of their agents or employees that injures the resident.
Put simply, liability attaches to the owner and licensee for what their staff did. In an ordinary negligence case, you would first have to establish the institution's own fault. That extra step is not the starting point here.
Illinois also licenses and inspects these facilities. As a result, state survey and complaint records exist alongside the facility's own files, which can help show what the operator knew.
Who the Claim Is Brought Against
The claim is usually brought against the facility's owner and licensee under the Nursing Home Care Act. Negligent hiring and negligent supervision claims can run alongside it. Which fits is a question about your facts.
The responsible organization is usually private, so the Tort Immunity rules that govern claims against Illinois public bodies do not apply in the same way. The liability questions are the ordinary institutional ones.
Signs That Prompt Families to Call
Most calls begin with a family member sensing that something is off. A parent may suddenly seem afraid of a specific aide, pull away from activities they used to enjoy or become anxious around bathing and dressing. There may be changes in mood or sleep, or injuries the staff cannot explain. A resident with memory loss may not be able to say what happened at all.
You do not need proof before you reach out. Noting what you saw, when it happened and which staff were working can help the review that follows. The point of the first call is to talk it through and learn what is possible, without any obligation to go further.
Timing Matters in These Cases
The deadline for an injury claim by an adult in a nursing home case is generally two years. Different rules apply if the resident has since died. If something happened recently, or you are asking on behalf of a parent or relative, it is worth asking soon.
Other Places to Turn
If a resident is in immediate danger, call 911. You can also report concerns about a facility to the Illinois Department of Public Health (IDPH) Central Complaint Registry at 1-800-252-4343 (TTY 1-800-547-0466). IDPH does not require your name. The Long-Term Care Ombudsman Program advocates for residents and can be reached through the Illinois Department on Aging Senior HelpLine at 1-800-252-8966. Reporting is your choice and is not required for a civil claim.
Common Questions
Do I need to have reported it? No. A civil claim requires no police report, no charge and no conviction. Most people we speak with never reported.
Will I have to tell my whole story on the first call? No. You do not have to describe what happened to have the conversation.
Is what I share kept private? Yes. If you decide not to go ahead, what you told us stays confidential, and nothing you say is shared with anyone else.
Contact Ervin Nevitt
Ervin Nevitt is a partner at Coplan + Crane and was admitted in Illinois in 2014. Calls to (708) 671-6858 are answered 24 hours a day, every day. The office is at 60 W Randolph St, Suite 333, Chicago, IL 60601.
If you need someone to talk to right now, the RAINN National Sexual Assault Hotline is free and confidential at 1-800-656-4673, 24 hours a day. Talking to a hotline does not affect your legal options and does not create any record you have to share with us. To learn more, visit: https://survivorsofabuseil.com/nursing-home-sexual-abuse-lawyer-il/
Attorney advertising. This post is general information, not legal advice.
