If your parent, spouse, or adult child suffered a fall and a broken bone while in a facility or under home care, a fall and fracture injury lawyer at Mixan Mahony, LLC can review what happened at no cost. We handle fall cases involving hospitals and medical providers, behavioral health facilities, Community Integrated Living Arrangements (CILAs), nursing homes, assisted living facilities, and home health agencies, serving Illinois families from our Chicago office. A fall is not always someone’s fault, but many serious falls happen when known risks are ignored.
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On This Page
Why Falls in Care Settings Cause Serious Injuries
Older adults and people with disabilities are more likely to suffer hip fractures, head injuries, and other serious harm from a fall. Medications, weakness, confusion, and vision problems can all raise fall risk. For that reason, care providers are generally expected to assess fall risk and put reasonable protections in place.
Common Causes a Fall and Fracture Injury Lawyer Investigates
Records often reveal patterns behind a fall. Examples include:
- Fall risk assessments that were never done, or not updated after a change in condition.
- Failure to provide ordered assistance with walking, toileting, or transfers.
- One-person transfers when the care plan required two staff members or a mechanical lift.
- Unanswered call lights or bed and chair alarms that were not used or not working.
- Wet floors, poor lighting, clutter, or unsafe bathrooms.
- Medication changes that increased dizziness or sedation without added monitoring.
- Delayed evaluation after a fall, including missed fractures or head injuries.
Falls Across Different Types of Care
In hospitals, falls often involve patients recovering from surgery or receiving sedating medication. In behavioral health settings, observation levels and medication effects are frequent issues. In CILAs, the Individual Service Plan and staffing levels often matter, and the Illinois Department of Human Services oversees these homes. Nursing home falls may be covered by the Illinois Nursing Home Care Act. In assisted living and home health care, the question is often whether the provider followed the service plan and supplied the help it agreed to give.
Fractures and the Harm That Follows
A hip or pelvic fracture can lead to surgery, loss of mobility, blood clots, pneumonia, and a long recovery. Unexplained fractures, especially in someone who cannot speak for themselves, can also be a sign of rough handling or abuse and should be investigated. We request incident reports, care plans, staffing records, imaging, and hospital records to understand how the injury happened.
When a Fall in a Care Facility Leads to a Death
A fall in a care facility can start a decline that ends in death, sometimes weeks later. Families in Chicago and across Illinois may have a wrongful death claim and a survival claim. Mixan Mahony, LLC reviews fall risk assessments, care plans, and the medical timeline to connect the fall to the death.
Falls can become fatal through:
- Hip fractures followed by surgery complications, blood clots, or pneumonia
- Head injuries and brain bleeds, especially in residents on blood thinners
- Unsafe transfers or lift use without enough staff
- Outdated fall risk assessments or missing bed and chair alarms
- Delays in getting a resident evaluated after a fall
Under 740 ILCS 180/2, a wrongful death claim is brought by the personal representative for the surviving spouse and next of kin and generally must be filed within 2 years after the death, with exceptions in the statute. A survival claim under 755 ILCS 5/27-6 covers the injuries your loved one suffered between the fall and death.
Different deadlines can apply:
- Claims against physicians, registered nurses, or hospitals arising out of patient care may fall under 735 ILCS 5/13-212.
- Claims against a local public entity may be subject to the one-year filing rule in 745 ILCS 10/8-101, with a separate rule for patient care claims.
Learn more about Illinois wrongful death claims and nursing home negligence claims in Chicago.
Mixan Mahony, LLC, 444 W. Lake St., Suite 1707, Chicago, IL 60606. (312) 262-3971. Get directions to our Chicago office.
Illinois Deadlines and Fault Rules in Care Facility Cases
- Most injury claims: 2 years under 735 ILCS 5/13-202.
- Medical providers: 2 years from discovery with a 4-year outer limit under 735 ILCS 5/13-212(a), and different rules for minors.
- Nursing homes: under the Nursing Home Care Act, 210 ILCS 45/3-601, the owner and licensee are liable for intentional or negligent acts or omissions of their agents or employees that injure a resident, and under 210 ILCS 45/3-602 the licensee pays actual damages, costs, and attorney’s fees when a resident’s rights under the Act are violated.
- Shared fault: under 735 ILCS 5/2-1116, an injured person is barred only if their fault is more than 50 percent of the cause; otherwise damages are reduced by their share.
- More than one defendant: under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for medical expenses, and for other damages a defendant less than 25 percent at fault is severally liable while one 25 percent or more at fault is jointly and severally liable.
- Wrongful death: under 740 ILCS 180/2, an action is generally filed within 2 years after the death, with exceptions in the statute.
- Public entities: claims against a local public entity generally must be filed within 1 year under 745 ILCS 10/8-101(a), and personal injury claims against the State generally require a notice within 1 year under 705 ILCS 505/22-1 unless the claim is filed within that year.
These are general rules with exceptions. Ask a lawyer to confirm the deadline that applies to your situation.
In CILA cases, the IDHS Division of Developmental Disabilities publishes OIG abuse, neglect, and exploitation information by CILA provider, showing allegations reported to and accepted for investigation by the IDHS Office of the Inspector General and the results of those investigations.
Compensation Families and Injured People May Seek
Depending on the facts, a claim may seek compensation for medical bills, rehabilitation, increased care costs, pain and suffering, disability, and loss of a normal life. When a person dies, Illinois law allows certain family members to bring a wrongful death claim, and the estate may bring a survival claim for losses the person suffered before death.
Every case is different, and no lawyer can promise a result. Our role is to gather the evidence, explain your options honestly, and pursue the claim you choose.
What to Do Next
- Make sure your loved one is safe and receiving medical care.
- Ask the facility for the incident report and the care plan in writing.
- Photograph injuries and the room or area where the event happened.
- Write down the names of staff and the dates and times of conversations.
- Ask the facility in writing to preserve video and electronic records, and call us for a free review.
Related Practice Areas
You may also find these pages helpful:
- nursing home negligence, assisted living abuse and neglect, memory care abuse and neglect, CILA abuse and neglect, home health care negligence, behavioral health facility abuse, hospice neglect, independent living injuries, SMHRF abuse and neglect, medical negligence
- wrongful death claims
- slip and fall injuries
We also serve clients in communities such as Orland Park, Tinley Park, Berwyn, Waukegan and Lake County.
We serve clients throughout Illinois from our Chicago office. See our Illinois service areas, our Chicago personal injury practice, and our Illinois personal injury representation.
What to Expect When You Call Our Firm
When you contact a fall and fracture injury lawyer at Mixan Mahony, LLC, the first conversation is about listening. We ask what happened, who was involved, what injuries resulted, and what records you already have. You do not need to have everything organized before you call.
After that first call, a fall and fracture injury lawyer on our team will explain which deadlines may apply, which records we plan to request, and what an investigation is likely to involve. If we are not the right fit for your situation, we will tell you that as well.
Throughout the case, you can expect plain-English updates. Working with a fall and fracture injury lawyer does not mean giving up control of your decisions. You decide whether to accept a settlement offer or move forward with a lawsuit.
Many people wait to call a fall and fracture injury lawyer because they worry about cost or are unsure whether they have a claim. The consultation is free, and an early review can help protect evidence that might otherwise be lost or overwritten.
Talk With a Fall And Fracture Injury Lawyer at Mixan Mahony, LLC
Whether you live in Chicago, the suburbs, or downstate, you can speak with our team by phone or video. A fall and fracture injury lawyer at our firm will listen, explain the law that applies, and outline the next steps without pressure.
- A free first conversation by phone or video.
- Records requests sent directly to providers, agencies, and insurers.
- Electronic signatures for paperwork.
- Updates by phone, email, or text.
Meet the Partners
Mixan Mahony, LLC was founded by Colleen Mixan Mikaitis and Mackenzie J. Mahony. Both partners are personally involved in the cases the firm handles for clients across Illinois, and you can reach them through our Chicago office by phone or video.
No attorney fee unless we recover for you. Your first consultation is free. How case costs and expenses are handled is explained in writing in the fee agreement before any work begins.
Contact Mixan Mahony, LLC
Mixan Mahony, LLC
444 W. Lake St., Suite 1707
Chicago, IL 60606
Phone: (312) 262-3971
View our Chicago office on Google Maps
We serve clients in communities outside Chicago from our Chicago office. We do not have offices outside Chicago. Phone and video meetings are available. You can also reach us through our contact page.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee future results.
Practice Areas.
Car Accident
Sexual Abuse and Assault
Trucking Accidents
Wrongful Death
Medical Negligence
Uber/Lyft Accidents
Work Injuries
Nursing Home Abuse
Motorcycle Accidents
Pedestrian Accidents
Slip and Fall
COMMONLY ASKED
Questions About Falls and Fractures Injury Lawyer Claims
Is a nursing home responsible for every fall?
No. Some falls happen despite reasonable care. Liability usually depends on whether the facility knew of the risk and failed to take reasonable steps, such as following the care plan or providing ordered assistance.
What if the facility says the fall was an accident?
Facilities often describe falls as accidents. The records, including fall risk assessments, care plans, and staffing schedules, help show whether the fall could have been prevented.
What records matter after a fall with a fracture?
The incident report, fall risk assessments, care plan, call light and alarm records if available, staffing schedules, and hospital imaging reports are often important.
My loved one has a broken bone no one can explain. What should we do?
Ask for an explanation in writing and request the records. Unexplained fractures should be investigated, and in CILAs or nursing homes they may need to be reported to the appropriate state agency.
How long do we have to file a fall claim in Illinois?
Most Illinois personal injury claims must be filed within 2 years under 735 ILCS 5/13-202. Claims against certain medical providers, public entities, or involving a death may have different deadlines, so ask a lawyer.
What does it cost to speak with a fall and fracture injury lawyer?
The consultation is free, and there is no attorney fee unless we recover for you. How case costs are handled is explained in writing in the fee agreement.
Can a family bring a wrongful death claim if a resident died weeks after a fall?
Yes, if the evidence shows the fall and the resulting injuries caused or contributed to the death. Medical records, the death certificate, and care facility records help show that connection.
What is the difference between a wrongful death claim and a survival claim after a fatal fall?
A wrongful death claim addresses the family’s losses from the death. A survival claim carries forward the claims your loved one could have brought for injuries suffered before death. Both are often filed together.