In most civil cases in the United States, each party is responsible for paying their own attorneys’ fees. This principle is known as the American Rule. However, Illinois law provides exceptions to this rule in certain types of cases, including those involving nursing home abuse and neglect. These exceptions often apply in cases where statutory protections have been violated or where the nursing home’s conduct is deemed particularly egregious.
In nursing home abuse cases, attorneys’ fees may be awarded to plaintiffs under specific Illinois statutes that prioritize the rights of nursing home residents and penalize facilities for negligence or abuse. For families, an award of attorneys’ fees can be an essential part of the recovery, allowing them to fully pursue justice without the burden of paying legal costs.
Legal Basis for Awarding Attorneys’ Fees in Nursing Home Cases
In Illinois, several statutes provide the legal foundation for awarding attorneys’ fees in nursing home cases. These laws are designed to protect vulnerable residents and ensure that those harmed by abuse or neglect can access the legal system.
- The Illinois Nursing Home Care Act
The Illinois Nursing Home Care Act (210 ILCS 45/1-113) is the primary statute governing nursing home standards in Illinois. This Act allows plaintiffs to recover attorneys’ fees and costs if they succeed in proving a violation of the Act. The Nursing Home Care Act was created to protect nursing home residents’ health, safety, and welfare and to hold facilities accountable for failing to provide adequate care.
When a facility violates the standards set by this Act, the court may award attorneys’ fees to ensure that the plaintiff can fully recover without the added burden of legal expenses. The intent behind this provision is to encourage plaintiffs to pursue claims even if they would otherwise be financially constrained by high legal fees.
- Consumer Fraud and Deceptive Business Practices Act
The Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/10a) can apply to nursing home cases when the facility is found to have engaged in fraudulent or deceptive practices, such as misrepresenting the quality of care or concealing issues that could endanger residents. Under this Act, if a plaintiff proves the nursing home engaged in deceptive conduct, they may be entitled to recover attorneys’ fees.
In cases where families choose a nursing home based on false representations of care standards or available services, attorneys’ fees may be awarded if those claims are later proven false and result in harm to the resident.
- Other Applicable Personal Injury Law Provisions
In cases where a nursing home’s conduct constitutes gross negligence, recklessness, or intentional harm, Illinois courts may also award attorneys’ fees as part of compensatory or punitive damages. Although this is less common, it may apply in situations where the nursing home’s behavior is deemed especially egregious and harmful.
Why Attorneys’ Fees are Awarded in Nursing Home Cases
The decision to award attorneys’ fees in nursing home cases is based on multiple considerations:
- Deterring Negligence and Abuse: By awarding attorneys’ fees, courts send a strong message to nursing homes that abuse, neglect, and substandard care will result in full legal and financial accountability. This deterrent effect is particularly important in the nursing home industry, where facilities must adhere to strict care standards.
- Supporting Access to Justice for Vulnerable Populations: Nursing home abuse and neglect cases can be costly, especially when they involve expert testimony, medical records, and detailed investigation. The award of attorneys’ fees helps ensure that vulnerable individuals—often elderly residents and their families—can pursue justice without worrying about the financial impact of legal expenses.
- Ensuring Full Compensation for Victims: Nursing home abuse cases often involve significant compensatory damages, including medical costs, pain and suffering, and emotional distress. Awarding attorneys’ fees ensures that victims can retain the full amount of their compensatory damages without having to deduct legal costs.
- Encouraging Skilled Legal Representation: When courts award attorneys’ fees, it incentivizes attorneys to take on cases for clients who may not be able to afford legal representation upfront. This provision promotes access to quality legal representation, ensuring that nursing home residents have advocates who can effectively hold facilities accountable.
Examples of Situations Where Attorneys’ Fees May Be Awarded
Here are some scenarios where attorneys’ fees may be awarded in a nursing home abuse or neglect case in Illinois:
Example 1: Repeated Neglect and Inadequate Staffing
A nursing home resident develops severe bedsores due to inadequate staffing and a lack of basic care. The family sues under the Illinois Nursing Home Care Act, alleging that the facility’s failure to provide necessary care led to serious, preventable health complications. In this case, the court may award attorneys’ fees, emphasizing the nursing home’s obligation to follow state-mandated care standards and holding it accountable for failing to meet those standards.
Example 2: Misrepresentation of Services and Deceptive Practices
A family chooses a nursing home based on assurances that their loved one will receive specialized memory care. After discovering that the facility lacks trained staff and fails to provide promised services, the family brings a lawsuit under the Illinois Consumer Fraud and Deceptive Business Practices Act. If the court finds that the nursing home engaged in deceptive marketing, attorneys’ fees may be awarded to cover the costs of proving the facility’s misconduct.
Example 3: Gross Negligence Leading to Resident Injury
In another case, a nursing home fails to prevent a resident from wandering off the premises, resulting in an injury. The family sues the facility for gross negligence, presenting evidence of prior incidents of neglect and staff’s disregard for the resident’s safety. Due to the serious nature of the facility’s negligence, the court may award attorneys’ fees in addition to compensatory damages, underscoring the importance of accountability and adequate supervision in nursing homes.
Factors Influencing an Award of Attorneys’ Fees
While Illinois statutes allow for the possibility of attorneys’ fees in nursing home cases, several factors influence whether the court will award them:
- Severity of the Misconduct: The more severe and apparent the negligence or abuse, the more likely the court is to award attorneys’ fees. Cases involving egregious conduct, repeated violations, or injuries from preventable incidents tend to result in a higher likelihood of fees being awarded.
- Clear Evidence of Statutory Violations: The plaintiff must prove that the nursing home violated specific statutory protections. Evidence of clear statutory violations strengthens the case for attorneys’ fees, especially when based on the Nursing Home Care Act or the Consumer Fraud and Deceptive Business Practices Act.
- Complexity and Costs Involved in the Case: Complex cases involving expert witnesses, medical records, or forensic analysis may increase the likelihood of attorneys’ fees being awarded. This allows plaintiffs to recover costs associated with presenting complex evidence to the court.
- Outcome of the Case: Attorneys’ fees are typically awarded only to plaintiffs who prevail in their case. If the plaintiff successfully demonstrates that the nursing home’s actions caused harm, this increases the likelihood of fees being awarded.
Working with John J. Malm & Associates to Pursue Attorneys’ Fees in Nursing Home Cases
Nursing home abuse cases require thorough investigation, skilled legal representation, and a dedication to pursuing justice. At John J. Malm & Associates, our Naperville nursing home abuse lawyers understand the complexities of these cases and the financial concerns families may face. Here’s how we support clients in seeking attorneys’ fees when appropriate:
- Conducting a Thorough Investigation: We investigate every aspect of the nursing home’s conduct, including prior violations, facility records, and medical documentation. This provides strong evidence in cases where attorneys’ fees may be justified due to negligence or statutory violations.
- Building a Case Based on Statutory Violations: Our attorneys have in-depth knowledge of the Nursing Home Care Act and Consumer Fraud and Deceptive Business Practices Act, and we use these laws to build a case that supports the award of attorneys’ fees.
- Advocating for Full Compensation, Including Legal Costs: We prioritize securing maximum compensation for our clients, which includes seeking attorneys’ fees when the nursing home’s actions justify it. By pursuing attorneys’ fees, we help alleviate the financial burden on families and ensure they can access justice.
Contact the Award-Winning Naperville Nursing Home Abuse and Neglect Lawyers at John J. Malm & Associates
Illinois law allows for the possibility of attorneys’ fees in nursing home cases as a means of holding facilities accountable, deterring future misconduct, and ensuring victims can afford quality legal representation. Whether under the Illinois Nursing Home Care Act or the Consumer Fraud and Deceptive Business Practices Act, attorneys’ fees help level the playing field, allowing families to seek justice without bearing the cost of legal fees.
If you or a loved one has been affected by nursing home abuse or neglect, contact John J. Malm & Associates to discuss your case. Our Naperville nursing home injury attorneys dedicated to pursuing all available compensation for our clients, including attorneys’ fees when justified, to ensure that nursing homes are held accountable for their actions.