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Assisted Living Facility Lawsuits

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Chicago Assisted Living Facility Accident Lawyer

If you have entrusted a family member to an assisted living facility (ALF), you expect the facility’s administration and staff to fulfill their obligations towards your loved one.

While ALF residents do not require as much care as those in nursing homes, they still need a caregiver’s assistance in their daily life. A facility’s negligence or abuse can lead to a resident’s injury or death – and sadly, this happens all too often.

In Illinois, talk to us at Willens Injury Law Offices if you believe that your loved one suffered unreasonably at an assisted living facility. Your family may have every right to pursue a case to obtain compensation and to hold the facility accountable.

What You Should Know About Illinois Assisted Living Laws

It’s important for elders, disabled persons, and their families to be aware of their rights when it comes to assisted living. Here are some of the responsibilities of an assisted living facility in Illinois, as mandated by the Assisted Living and Shared Housing Establishment Code.


ALFs can only accept a resident if they can provide for them.
An ALF in Illinois is barred from accepting or keeping a resident if the facility cannot provide the service that the person needs. Unfortunately, some ALFs disregard this rule – they take on individuals whose condition they are unable to care for, or they keep their residents even when their resources are no longer adequate.

State licenses are required.
A facility that has 17 or more unrelated residents must have a license from the State of Illinois. This helps ensure that these facilities are compliant with regulations. An ALF administrator is also required to pass a test and obtain an Illinois state license. Before committing to an assisted living residence or community, you’ll want to check if it has the appropriate licenses.

24-hour services must be available.
A licensed ALF has to be staffed enough to provide 24-hour services for health and personal care. When residents need assistance at any time of day – such as with their eating, hygiene, and medical concerns – they should be able to access it right away.

The individual service plan must be followed.
Each ALF resident has to have a written service plan which outlines the specific care they need, from medication to diet to special personnel requirements. This plan is the basis for the service delivery contract between the resident and the facility. That plan is signed upon admission. The facility is then bound to adhere to the individual plan of each resident.

Aside from these specific state rules, assisted living facilities must uphold professional standards. These include treating their residents with patience and compassion, and keeping their premises safe and navigable.

Assisted Living Abuse And Negligence Lead To Injuries

It is regrettable that many ALF residents experience various kinds of abuse while in a facility. Some suffer from physical, sexual, or emotional abuse. There are also those who are victims of financial exploitation. Very commonly there are elders who suffer from the facility’s passive neglect, which is a form of mistreatment that is also forbidden by law.

Related: Chicago Nursing Home Elopement Or Wandering Lawsuits

Apart from these, a facility’s failure to uphold their required standard of care can also harm residents. This is called negligence, and it is a frequent basis of many ALF lawsuits.

Take a look at these familiar scenarios that result in resident injuries and which may call for legal action against a facility:


Tripping or falling.
One in every four seniors in the US suffers from falls each year. The results aren’t always minor concussions – sometimes, they can be as serious as traumatic brain injury (TBI). In assisted living residences, this can happen if the premises are not kept in a safe order and if clients who are at risk are not supervised properly.

Medication errors.
Residents in ALFs typically have crucial medication needs. When a facility caregiver fails to follow a patient’s service plan or makes a careless mistake when administering medication, the patient’s health could be in peril. A facility’s administration and staff may also be held liable if they did not adhere to the medication storage, controlling, and documentation ordered in a contract.

Malnutrition.
Providing each resident three meals a day is mandatory in Illinois ALFs. On top of this, a facility must meet the particular dietary requirements that each resident has specified in their plan. A resident’s health is at risk when the facility fails this obligation.

Choking.
ALF residents do not require constant attendance like in nursing homes, but due to their advanced age and health conditions, they have higher risk of choking. Thus, a facility must take measures to minimize this risk, such as by preparing a dysphagia diet (softer foods) and by supervising those who have difficulty swallowing. When such measures are inadequate, adult choking can lead to serious injuries like brain damage or even death.

Bedsores.
Also called pressure ulcers, bedsores are skin lesions that develop when a person stays in one position for a long time. Caregivers can prevent these in the elderly by changing the resident’s positions frequently and by keeping them well-nourished and clean. In reality, however, many facilities are understaffed or staffed by unqualified personnel, who in turn fail to provide the needed attention of the elderly.

Abuse injuries.
Bruises, cuts, burns, and emotional withdrawal are only some of the many symptoms of elder abuse. Don’t discount any suspicious change in your senior family member – look for other abuse signs and consult a lawyer on your options to protect your loved one.

Was Your Loved One Harmed In An ALF?

Do you suspect that your loved one was injured, abused, or neglected in an assisted living facility? It is best that you look closer into their conditions.

According to the National Council on Aging, as many as 5 million US seniors suffer abuse each year but only 1 in 14 cases of elder abuse is reported. People with disabilities face a similar situation. A five-year investigation by the Chicago Tribune found at least 1,311 cases of previously undocumented harm in Illinois group homes for adults with disabilities. This number was hundreds more than what was previously stated in government reports.

Don’t overlook or dismiss possible injury to your vulnerable loved one. Sometimes, families do this because the symptoms don’t always look alarming. It can be as subtle as missed medications, unusual weight loss, or a slight change in behavior. Be aware and look out for the various signs and symptoms of ALF injuries:


Physical Injury.
Common signs include bumps, bruises, cuts, pressure marks, broken bones, and burns. Note that while physical injuries often come from abuse, they may also result from negligence (the facility’s failure to uphold their obligations). For instance, the lack of mobility aids in a facility can lead to residents tripping or falling.

Sexual Abuse.
Watch out for behavioral changes such as flinching, panicking, and withdrawal from usual interests. These may come with physical signs like pelvic injuries, bleeding, and stained or torn underwear.

Passive Neglect.
In this kind of maltreatment, caregivers do not actively hurt residents but fail to give them their vital needs like food, clothing, and medical care. When this happens, you may notice your loved one’s poor hygiene, malnutrition, unusual weight loss, bedsores, or missed medications. Check the resident’s provisions for unwashed sheets, worn clothing, or clogged breathing tubes.

Willful Deprivation.
There are cases where caregivers deliberately deny the residents their provisions. The physical signs of neglect may exhibit themselves as poor hygiene, unexpected weight loss, and health complaints like stomach aches. These may be accompanied by behavioral signs such as your loved one’s hostility or anxiety around the staff.

What To Do If Your Loved One Is Injured In An Illinois ALF

If your loved one is in clear and imminent danger, don’t hesitate to call 911. The facility nurses or staff may tell you that they are not authorized to call for an emergency transfer without their supervisor’s approval. However, you are not subject to such internal policies. You have the right to call for help if you need immediate rescue for your loved one.

In non-emergency cases, you may try to talk politely to the staff or administrators first. Perhaps they were not aware of the injury and are more than willing to resolve it with you. In reality, however, it can be difficult to resolve a case smoothly with the facility. You will need to contact Illinois authorities.

Illinois Hotlines for Abuse Or Neglect Injuries

Whichever the case, make sure to document as much as you can. Take photographs of your loved one’s injuries and the conditions at the residence. Gather a resident’s medical records, weight logs, receipts, and other relevant papers. Take notes from your conversations with the staff or management. These could be useful in supporting your injury report or negligence claim.

You will also want to talk to a reliable, experienced attorney. Even if you are not considering any legal action at this point, your lawyer can explain your loved one’s rights, what they are entitled to, and how to ensure that they are protected. Should you decide to pursue an ALF claim or lawsuit, your attorney will also be there to determine your best legal avenues and represent you in your case.

Talk To Us At Willens Law

It is often confusing to deal with your loved one’s injury at an ALF. On top of the emotional and financial distress in your family, you also have to make sense of the complicated rules surrounding the resident’s stay at the facility. It’s a maze that you have to navigate since you want your loved one to get the care and protection that they deserve, and you want the offending party to be held accountable.

Let us help. We at Willens Injury Law Offices are effective in handling elderly injury cases, and have been trusted by Illinois families for decades now. We’re ready to provide you with legal advice and representation.

Start by talking to us about your senior loved one’s assisted living situation. Your initial consultation with Willens Injury Law Offices is absolutely free and confidential. Call us at (888) 445-1446 today.

Let us help with your case, Call Us 24/7: (312) 957-4166

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Illinois Injury Law Firm Practice Areas

Our Personal Injury Lawyers Can Help You Navigate Your Injury Case

Willen’s Injury Law Offices’ Accident and Personal Injury Lawyers have varied and extensive experience with personal injury law, from both sides of the aisle, is a true asset for their clients. Our Chicago personal injury attorneys not only have years of litigation and negotiation experience working for victims of accidents or negligence, but they also have Matthew L. Willens’ background as a former insurance company executive. 

Additionally, another accident lawyer at the firm, David Baez, spent the first part of his career as a defense attorney who represented insurance companies. As the firm’s clients sometimes say, “It’s like they know the other side’s playbook!”

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Client Reviews

Willens Injury Law Offices was highly recommended by a friend. Upon my initial consultation, David was very friendly yet profesional. He was able to get a favorable result, I will definitely recommend him to my family and friends. Thank you!
Lucia R.
19:41 08 Apr 21
When I got into my accident in 2018, I was 18, I was scared and I didn’t know what to do. David worked with me and made sure I was taken care of all the way to the end. He fought for my case and made sure I got the settlement I deserved. Definitely will be recommending the Willens office to my friends and family .Thank you!!!!
Emmalee R.
19:51 23 Nov 20
I 100% back this firm. I was in an accident that caused me some injury that needed medical attention. I reached out to Willens Law Offices to assist since I noticed a large amount of overwhelmingly positive reviews. Believe all the positive ones!!This firm is very professional and helpful from the beginning to end. They look out for their clients, and do their best to achieve 100% client satisfaction. If you consult with them to help, you will not be unhappy at the end.I want to give a huge shoutout to David Baez who assisted my throughout the entire case. I highly recommend him and this firm.Please note, if you utilize them and don't hear back a lot during the case, don't be alarmed. They will reach out to you when the time is right. They are not neglecting you, they are working hard day in and day out to resolve your case.1 Million % recommended!!!!!
Michael R.
18:42 13 Jun 20
It's been over a year since I was involved in my car accident - everyone knows that is a very stressful time for the injured party. I considered going through the whole process on my own but I quickly realized the insurance company was NOT my friend. I reached out to Willens Law Offices, met Matt and the attorney that would be handling my claim, David Baez. David was excellent, I'm big on communication and anytime I texted David; sometimes ad nauseam, he would always respond quickly and professionally. I had a ton of questions, and David answered everyone of them to my satisfaction. I could not have asked for a better attorney to fight for me, I have extremely high expectations and they were exceeded consistently.
Edmond P.
15:33 28 Apr 20
Reliable, efficient, & informative. Personable yet professional, Willens office took care of my every last need & then some!!
Kyle M.
15:35 10 Apr 20
I got into a car accident a couple years back, I didn’t know what to do so I researched on Google then found Willens law office. At the time it was new to me but after they help me out, guided me, let me in the right path and I haven’t been happy here ever since because justice was served! Thank you Willens coming from the Herrera family
Jose H.
18:38 03 Apr 20
I had an accident injuries and based on google reviews I reached out to Willens Law Offices in Chicago. David Baez helped me with my case. He came to meet us and understood our case in detail and he guided me all the steps of the process. I had advices from friends that you are unnecessarily going after the process and nothing will happen. David made everything worthwhile and he gave right advice always which was right for my health and right for the case. He worked very hard on my case for 2 years collecting all the paperwork, talking to physicians and taking care of my case and making it in my favor. I was truly blessed by having David Baez handling my case who was extremely professional, great ethics and felt as my family with him. After the injuries and pain I was afraid to select one but my God made me select the right one. If anyone feel they need accident injuries lawyer then I will only recommend David Baez. Nobody will beat his hard work, professionalisms, ethics and perseverance and yet down to earth and honest. Thank you for everything you have done for me and blessings from my heart for his success.
Mamta S.
14:25 06 Mar 20
David A. Baez at Willens Law office has been fantastic to work with. Very professional, informative and responsive to all questions. Hopefully I don't get into another car accident but if so I will call the Willens Law Offices asap.
steve B.
17:33 10 Dec 19
The initial impressions I had of this place turned out to be false, and I am thankful that I am pursuing the case with Mr. Willens. He is pretty incredible at what he does.
Donald B.
08:05 27 Nov 19
I can only say good things about Mr. Willens. He was fantastic, Aside from his awesome expertise, he is very down to earth and make you feel like family! HE TRULY CARES! Always eager to help and make himself available at every point of time. Thank you Matt again for everything!
Arthur L.
10:27 25 Nov 19
Truly passionate about their clients. Professional and easy to work with.
Peter W.
11:01 22 Nov 19
I came across Willens Law Offices after searching endlessly for a law firm to represent me in my personal injury case. I was well accommodated and he made me feel at ease, you truly feel like he will go the extra mile for you from the moment you hand the case over to him until the very end. I highly recommend this firm to anyone looking for representation!
Edna S.
10:05 20 Nov 19
If I ever find myself needing another law firm I will not hesitate for a second to contact him!
Micheal E.
10:12 18 Nov 19
I was involved in a car accident and was having trouble getting compensated for the amount I felt I should get. I contacted Willens Law Offices through a referral, worked with David Baez and had a very good experience. They helped educate me on the process along with helping me get what I deserved. I would HIGHLY recommend contacting them if you are involved in an accident.
mohsin M.
19:38 15 Nov 19
His staff was always so nice and friendly and responded promptly if I ever had any questions. I'm very thankful to come across them and will highly recommend them!
Rodrick M.
10:04 15 Nov 19
I'm sending a special thanks to Matt for working patiently and closely with me regarding the status of my case till the end. I can't recommend him highly enough.
Randy D.
14:08 13 Nov 19
Throughout the process of the case, he did an exceptional job. The entire process was extremely smooth and the staff kept me up to date on the status of my case. I give him 5 stars as he is the best legal attorney there is in the greater Illinois area. He truly deserve it.
Regina B.
15:40 11 Nov 19
I just want to thank Mr. Willens for being extremely reliable and diligent. He was able to adequately answer all my questions and concerns. He settled my case rather quickly. I will definitely recommend him to friends and family.
Bernadette F.
15:43 08 Nov 19
I was involved in a bad accident with multiple cars and I was in a terrible shape. Matt Willens handled my case exceptionally. Everyone that helped was also great! he was detailed and clear in all our communication and he always made sure I was aware of everything that was going on throughout my whole case. Really helped me get through a rough time. I am 100% satisfied with the outcome of my case. If you need a good lawyer on your side, look no further!
Laura W.
14:49 06 Nov 19
Willens Law Office handled my accident and they were incredible! Matt drove all the way to see me and I could see he really cared. He handled my injury case from start to finish and I’m now rebuilding the part of my life that I lost. Thanks for your help.
Todd Z.
05:55 11 Oct 19
I was involved in an accident back in last year and was searching for an attorney who looked like I can trust. I found Matt Willens and I am thankful. I called him up just to get a feel for him as a person and I could tell right away that he truly cared, not only about me but my family too. To say that he fought for us would be an understatement. He was ready to go to trial! Luckily we settled and it was for more money than I imagined, especially after my initial talk with the insurance company. Thanks Matt!
Paula D.
13:14 10 Oct 19
Matt Willens went above and beyond for my case. I felt as though he cared more about me and my situation than he did himself and the time that he was required to spend on my case. I highly recommend using him.
Marci P.
13:24 03 Sep 19
It was great to work with this firm. They handled every piece of paperwork. David Baez handled my case. He kept me informed through the whole process and treated me like family. I highly recommend David and the entire firm.
John C.
14:42 16 Aug 19
Willens Law is a firm I trust in because they specialize in personal injury matters. I have had a wonderful experience with Matt WIllens personally and I can say he is pleasant to work with and communicates thoroughly with his clients. I would recommend Willens Law.
Grant V.
05:28 19 Jul 19
I’m rarely compelled to leave a review for anyone but I felt I needed to show my gratitude.From the first time I spoke with Matt Willens on the phone I actually felt like he was there for me, looking after my best interests and not his own. That’s rare in my experience.Matt is an absolute pro and I wouldn’t think to call or recommend anyone else if I or a loved one were injured in the future. Thanks Matt!
Kyle W.
04:16 19 Jul 19
When I first contacted Willens law office, I just wanted to make sure everyone was paid after I was rear ended and I wasn’t the one doing it. My correspondence was primarily with David, he was always patient when I was slow to get him information and ended up calling me with great news after almost a year of back and forth with the at-fault insurance company.I can’t thank David and the Willens law office enough.
Amanda H
18:36 14 Jun 19
Willens Law Office is GREAT! David handled my case. He made me feel like family. He explained everything in detail every step of the way. He fought to get the results that would best benefit me. David is a great attorney. Thanks David and the Willens Law Office family.
Michael S.
17:53 31 May 19
Willens Law came highly recommended after I was badly injured when hit by an out of control car. I in turn most highly recommend Willens Law based on my great experience over the past year and a half.I am very pleased with both the outcome of my case as well as the experience working with Matt Willens and David Baez throughout the process.I had no specific expectation regarding a case outcome, seeking only ‘the best outcome possible.’ I certainly believe my case outcome was a great outcome. And I strongly believe that outcome was a direct result of fantastic work done by Matt and David.From beginning to end Matt and David were great to work with. They did a great job setting expectations; explaining what was to happen, including the why and the how; guiding me through the steps I needed to take; and answering both my “need to know” and “just curious” questions. They were always extremely prompt and clear in their guidance and responses to me.A silver lining in a tough situation was working with Matt and David, both of whom I came to respect professionally and like personally. I do most highly recommend Willens Law to others who may need such services.
Keith
18:55 22 May 19
Willens Law Offices is simply the best!!! David handle my case , and was nothing but professional! He is the best at what he do!!!!!Every step of the way, I was informed of my case!!!Thanks again!!
cassandra J.
17:55 26 Mar 19
Great team, did me right, pleasurable experience.
Robert P.
03:34 21 Feb 19
David Baez was prompt and professional in answering all of my questions.
Richard D.
00:19 07 Feb 19
David Baez was very professional, helpful and always kept me informed about my case. David responded quickly to any questions I may of had. I highly recommend Willens Law Offices for any personal injury case. Thanks again David for all the great work you did.
JCSM 1.
21:39 06 Nov 18
After being in an Uber accident about a year ago, I reached out to Willens Law to assist me through the settlement process. I had the pleasure of working with David Baez. From the start he was very personable and professional. He was always willing to educate me on the process and made sure I understood each step before going forward. Even after receiving my settlement, David has been willing to assist with any questions related to my case. I would highly recommend Willens Law.
Madelyn D.
02:47 05 Oct 18
I reached out to Willens Law Offices following a car accident that my girlfriend and I were involved in, and we met with David Baez for an in-person consultation shortly after. David was very personable and knowledgeable, and gave us confidence and peace of mind in a situation where we felt initially felt completely overwhelmed. There were times when we felt the communication could have been more proactive, but David was always responsive when we felt the need to check-in, even if there were no significant updates on our case. The process took a little longer than anticipated, but David was honest, thorough, and professional throughout.Overall, great experience and I'd recommend to anyone in need. Thank you David!
Geoff B.
20:44 17 Sep 18
After I was injured, and after researching Chicago's best law firms, I found Willens Law and read their reviews. After meeting Matt, I retained their services, along with the special efforts of his Partner, David Baez.They handled my case in a professional, efficient manner, while keeping me regularly informed. We worked incredibly well together, and won a very nice settlement. You would be foolish not to consider Willens Law for your Counsel, as I did. I highly recommend them!Ed Dybas
Ed D.
21:26 07 Sep 18
We had a very positive experience and felt their representation was very effective.
Kent M.
22:43 29 Aug 18
Working with Willens Law was a pleasure. They were responsive and extremely pleasant whenever I had questions or concerns. In my case, I personally took a little longer than I should have to start the process on my end, but David was able to pickup on my delay and process my personal injury case in a timely manner. I would highly recommend Willens Law and David when looking for an attorney to represent you in a case.
Maggie O.
14:07 23 Jul 18
I had a tremendous experience with this law firm, and I would highly recommend them. I had a bicycle injury caused by a negligent Uber car, and when I was first doing research and calling law firms all over the Chicago area to find representation, Matt Willens himself returned my call personally within ten minutes. I found that to be a huge integrity move as every other firm I contacted had a lower level employee call me back. Nothing wrong with that per se, but to have the lawyer whose name is on the door personally return my call meant a hell of a lot to me and was ultimately why I decided to meet with them first.I made an appointment and met Mr. Willens and the fantastic young attorney David Baez in their offices and they were wonderful to deal with. They are down-to-earth, funny, intelligent, tenacious, capable, experienced lawyers who explained the entire process to me in a way I could understand and made me feel comfortable and confident, and we were off and running with my case.I work in a law firm and I know exactly how slowly the wheels of justice turn, and my case was settled in about half the time that these things normally take! Amazing results. Mr. Baez and his team were incredible throughout and kept me informed every step of the way, and negotiated a higher settlement number and a lower fee for the insurance company in the eleventh hour which meant more money in my pocket!! I wholeheartedly recommend this law firm for your personal injury case. They are highly skilled and I couldn't be happier. This organization is fantastic and they will produce results for you.
saxmantommy
15:01 05 Jun 18
Matt has been there for us every step of the way. He, personally, has taken the time to answer all of our questions. We never feel like we are bothering him or pestering him. We have only experienced patience and professionalism from both Matt and his team.
Maribeth C.
15:45 03 May 18
David was very good at keeping me up to date with what was going on and helping with every step throughout the entire process. I could not have asked for better representation.
Jennifer B.
21:14 24 Apr 18
David Baez was an excellent representation of the Willens Law Office. He achieved my desired result along with keeping me updated during the entire process. Very fortunate to have him by my side - thank you David.
keith B.
19:29 20 Apr 18
Matt is an impressive attorney and person! Took on State Farm and won for me. Highly recommend Matt for PI cases.
Danielle B.
22:47 10 Apr 18
This Law firm has been very prompt and kind in dealing with my case. I would recommend this law firm to anyone who needs injury lawyers.
F Z.
22:45 10 Apr 18
I used Willens Law for a personal injury claim. Matt was knowledgeable and professional. He also responded quickly which I really appreciated. I would definitely recommend.
Robyn R.
21:44 29 Mar 18
After a bad auto accident, and months of rehab, Matt Willens and his staff worked with me as though they were part of my family. They were professional, courteous and looking out for my best interest during the entire legal process. I would highly recommend Willens Law Offices for any personal injury.
dan B.
19:27 25 Mar 18

What Types of Cases Can Personal Injury Lawyers Handle?

Injured in an Accident? Give Us a Call Today: (312)-957-4166

Do I Really Need a Personal Injury Attorney to Handle My Case?

You are not legally required to have a personal injury attorney to handle your injury claim. You could file all the necessary paperwork yourself and represent yourself in court. However, your chances of winning your case and getting the compensation you deserve are much higher if you hire an experienced personal injury lawyer.

Why You Shouldn't Settle Directly With An Insurance Company

Insurance providers will try to get you to settle quickly. In the midst of your crisis, they might offer you what seems like a large dollar amount. The problem is they rarely make an offer of settlement for the true full cost of your damages. Don’t be misled, hospital bills aren’t the only things for which you will need compensation. You also need to keep in mind the suffering and pain associated with your traumatic event. 

Personal Injury Resources

Illinois Personal Injury FAQs

The Chicago personal injury lawyers of Willens Injury Law Offices respond to frequently asked questions related to personal injury, car accidents, medical malpractice, and workers’

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