Double Homicide In Lyons Assisted Living Facility

Resident safety in nursing homes is a continual concern, given that there have been numerous actual and alleged violence against those in nursing homes and related long-term care facilities, such as assisted living facilities.  This violence has included physical assaults of nursing home residents – either by other residents or by nursing home staff – as well as sexual assaults of nursing home residents.

Over the weekend there was two homicides in an Illinois assisted living facility, the Riverwalk Senior Residences, located in Lyons.

According to Lyons Police, the fatal stabbings of two residents was over a dispute regarding property.  The two residents were found dead late Monday (April 25, 2016) morning.

An excerpt from the April 26, 2016 abc7chicago.com article (with video) titled “Neighbor charged in double-murder at Lyons senior living facility“:

John Arnold, 67, is charged with two counts of first-degree murder. Lyons police say he lived at River Walk Senior Residences, as did both of the victims.

Police identified one of the victims as David Bosseler, 73. The name of the other victim, a 51-year-old female, will not be released until relatives can be contacted.

As to how these acts of violence occurred, the Chicago Tribune article (with video) of April 27, titled “Resident of Lyons senior home stabbed 2 to death in dispute over property:  police“:

Bosseler and the woman knew Arnold, and they were in a dispute over the weekend about missing property, Hanania said in an email Tuesday night. Early Sunday, Arnold waited outside Bosseler’s apartment until someone opened the door, then Arnold burst into the apartment and attacked the others with a large knife, Hanania said.

According to Lyons Police, both Bosseler and the woman died from multiple stab wounds.

Additional details regarding this Illinois senior living facility double homicide can be seen in a variety of media sources, including the ABC7Chicago and Chicago Tribune articles mentioned above.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Illegal And Inappropriate Incidents In Nursing Homes

On this site, many different types of nursing home abuse, nursing home neglect, and accidents are discussed.  While many of these types of abuse, neglect, and nursing home accidents have been featured, it should be mentioned that there are many other incidents that can occur in Illinois nursing homes and other health care facilities that are either inappropriate and/or illegal.

An alleged example of such an illegal and inappropriate action taken by an assisted living facility employee has recently been publicized.  The Huffington Post article (with video) of January 19, 2016, titled “Nursing Assistant Charged After Posting Nude Video Of 93-Year-Old On Snapchat” discusses an incident in which a nursing assistant at a Wisconsin assisted living facility allegedly took a video of a mostly naked facility resident and posted it on Snapchat without consent.

An excerpt from the Huffington Post article:

The employee of Parkside Manor in Kenosha posted a video of a 93-year-old woman with Alzheimer’s disease and dementia sitting on a bed “in a bra and no underwear and no pant[s],” according to a criminal complaint filed last week in Kenosha County. She admitted her action to the facility’s executive director and said “it was immoral and very terribly wrong,” the complaint said.

The employee, Grace Riedlinger, 21, was fired and faces a charge of taking a nude photo without consent, for which she could be sentenced to 1½ years in prison and two years of extended supervision. She could not be reached for comment; her mother said an attorney had advised the family not to discuss the matter.

The article also discusses additional instances of similar such actions involving unauthorized postings of pictures and videos onto social media.

Additional details and possible updates can be seen in the Huffington Post article mentioned above, as well as the McKnight’s article of January 14, 2016 titled “Nude Snapchat of resident leads to felony charge for SNF employee.”

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to discuss the potential of an injury lawsuit.  This no-obligation legal consultation is free and confidential.  Elman Law Group handles cases on a contingency basis…no fees are charged unless and until monetary compensation is achieved.    

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Cover-Up Alleged Regarding Incidents Of Nursing Home Abuse And Neglect

One aspect of nursing home abuse and neglect cases that sometimes arises is efforts to “cover up” or otherwise conceal such incidents of neglect and abuse after they occur.  The nursing home owners and/or operators may attempt to “cover up” such incidents as they fear lawsuits over such incidents that involve negligence.  As well, depending upon the incidents, criminal charges may possibly stem from such acts of abuse and neglect.

On May 7, 2015, the New York Attorney General announced charges stemming from various acts of alleged nursing home abuse, as well as alleged acts of attempts to “cover up” such incidents.

The media release is titled “A.G. Schneiderman Announces Charges Against Owners & Other Top Officials At Mohawk Valley Nursing Home Over Allegations Of Covering-Up Resident Abuse And Neglect.”

Two excerpts from the release:

Attorney General Eric T. Schneiderman today announced the indictments and arrests of the owners and top managers of Mohawk Valley Health Care Center, a nursing home in Ilion, New York. Owners Gerald “Jerry” Wood III and Justin Wood, licensed Nursing Home Administrator John Prendergast, and Director of Nursing Nicolle Wagner Stinson, RN, were arraigned today in Herkimer County Court before Judge John Crandall. The 45 count indictment alleges crimes arising from the suppression of two incidents of patient abuse and neglect, and related charges of falsifying records; not all defendants are charged with every crime alleged in the indictment, except for the corporation, MVNH Associates, LLC, d/b/a Mohawk Valley Health Care Center.

also:

The indictment details allegations arising from two apparent incidents that took place in May, 2013, and an alleged cover-up of the two incidents. The first alleged incident involved a serious medication error that went unnoticed for several days. The second alleged incident involved a resident suffering from dementia engaging in unlawful sexual conduct towards another resident in an unsupervised dining room. When these incidents came to light, it is alleged that owner Gerald “Jerry” Wood III criminally eavesdropped on investigators from the Attorney General’s Office while they were conducting an interview with a nursing home employee about the incidents. The indictment also alleges a conspiracy involving facility part-owner and technical manager Justin Wood and other defendants destroying electronic evidence of the alleged events.

Additional details can be seen in a variety of media sources, including the media release mentioned above as well as the July 30 uticaod.com article titled “Ilion nursing home employees appear in court over alleged cover-ups.”

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to see if filing an injury lawsuit is warranted.  This no-obligation legal consultation is free and confidential.   

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.   Elman Law Group works on a “contingency” basis…Elman Law Group’s clients never pay a fee unless and until they receive monetary compensation. 

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Quality Of Care Received In Illinois Nursing Homes

The quality of care received in Illinois nursing homes is a critically important issue, yet one that can be difficult to determine.

Commonly used “nursing home ratings” have been criticized for a variety of reasons, and various proposals and recent changes have occurred.  Prior posts have discussed this issue, including the October 6, 2014 post titled “Changes To The Nursing Home Five-Star Rating System” as well as the August 24 post titled “Chicago Nursing Homes And The Star Rating System.”

One organization that rates the quality of nursing homes by state is Families for Better Care, which is a Florida-based nursing home resident advocacy group.  This organization has recently published its second annual “Nursing Home Report Card,” which is described in the September 10, 2014 release titled “New Nursing Home Report Card Released.”

This state-by-state comparison ranked the states’ nursing home quality on  eight different federal quality measures.  The press release above discusses these measures and other commentary.  Additional information regarding the grading methodology is provided on the “Grading Methodology” page.

On the “State Rankings” page, the rating for Illinois nursing homes is provided.  As can be seen on the page, for 2014 Illinois nursing homes ranked 44th out of 50, receiving a grade of “F.”

Key Findings” are presented with regard to Illinois nursing home care quality, and there is also an accompanying September 10, 2014 news release titled “Illinois Drops To 44th In Nursing Home Care.”

An excerpt from this news release:

According to the report card, nearly every nursing home was cited one or more deficiencies. Worst yet, state regulators cited 25 percent of nursing homes for a severe deficiency, indicating ongoing harm to residents.

The above-mentioned “Nursing Home Report Card” does not provide detail about individual Illinois nursing homes, and, of course, quality of care should be assessed on an individual nursing home basis.

However, what this report indicates – and what is further verified in other statistics, reports, media sources and alleged in lawsuits, as seen throughout this site – is that deficiencies, mistreatment, abuse, and neglect does occur in Chicago nursing home care, as well as in nursing homes throughout Illinois.

While nursing home abuse and neglect is often obvious, sometimes it can be difficult to see.  Various signs that indicate that nursing home abuse and neglect may be happening are discussed on the “Nursing Home Abuse” page.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Changes To The Nursing Home Five-Star Rating System

Today (October 6, 2014) the federal government announced changes to the “five-star” rating system that is widely used to gauge the quality of care provided by nursing homes.  This ratings system has been criticized for many reasons, in part because many feel that the ratings system is unreliable due to self-reported data.  This ratings system and its criticisms, as well as ratings of Chicago area nursing homes, was discussed in the August 24, 2014 post titled “Chicago Nursing Homes And The Star Rating System.”

The changes to the five-star rating system is discussed in the October 6, 2014 New York Times article titled “Medicare Revises Nursing Home Rating System” as well as the WhiteHouse.gov press release of October 6, 2014 titled “FACT SHEET:  Administration Announces New Executive Actions to Improve Quality of Care for Medicare Beneficiaries.”

A couple of excerpts from the New York Times article include:

The five-star rating system has become the gold standard for evaluating the nation’s more than 15,000 nursing homes since it was put in place five years ago, even though two of the major criteria used to rate the facilities — staffing levels and quality statistics — are reported by the nursing homes themselves and generally are not audited by the federal government.

also:

Nursing homes will have to begin reporting their staffing levels quarterly using an electronic system that can be verified with payroll data. And officials will initiate a nationwide auditing program aimed at checking whether the so-called quality measures rating — which is based on information collected about every patient — is accurate.

Beginning in January, nursing homes’ ratings will also be based partly on the percentage of its residents being given antipsychotic drugs.

Additional details and possible updates concerning this nursing home ratings issue can be seen in the New York Times and whitehouse.gov sources mentioned above.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its courtroom trial capabilities.  This is important for your lawsuit because if an attractive lawsuit settlement is not offered, we have a proven track record of achieving attractive courtroom verdicts.

In fact, because of this court trial capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Chicago Nursing Homes And The Star Rating System

Nursing home ratings, particularly regarding Chicago area nursing homes, is discussed on the “Chicago Metropolitan Area Nursing Homes” page.

The Federal Centers for Medicare & Medicaid Services rates nursing homes on a 5-star scale, with “5-star” ratings being the purportedly highest-quality nursing homes, whereas “1-star” nursing homes are the lowest-rated.  These rating are important for many reasons, including that they are often used in making decisions as to which nursing home should be chosen. 

However, an article in today’s (August 24, 2014) New York Times, titled “Medicare Star Ratings Allow Nursing Homes to Game the System” discusses the “star” rating system and identifies potential vulnerabilities in the methodology employed.

A couple of excerpts from the article:

The Medicare ratings, which have become the gold standard across the industry, are based in large part on self-reported data by the nursing homes that the government does not verify. Only one of the three criteria used to determine the star ratings — the results of annual health inspections — relies on assessments from independent reviewers. The other measures — staff levels and quality statistics — are reported by the nursing homes and accepted by Medicare, with limited exceptions, at face value.

The ratings also do not take into account entire sets of potentially negative information, including fines and other enforcement actions by state, rather than federal, authorities, as well as complaints filed by consumers with state agencies. Last year, the State of California, for example, fined Rosewood $100,000 — the highest penalty possible — for causing the 2006 death of a woman who was given an overdose of a powerful blood thinner.

Addition discussion – as well as a diagram depicting the components of the star rating system – can be seen in the New York Times article mentioned above.

As well, the McKnight’s article of August 29, 2014, titled “The nursing home survey system is about to get a much closer look” also discusses various related issues.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Report Providing Statistics On Age 65 And Over Population

Recently, the Census Bureau released the report titled “65+ in the United States: 2010” report, dated June 2014.  This report contains a variety of information concerning demographic trends and related issues for the age 65+ population, including statistics concerning long-term care, nursing home populations, and population trends in skilled nursing facilities and assisted living facilities. The report also reports the geographic distribution of the 65-and-older population.

Some notable details are found below:

With regard to “Long Term Care,” as seen on page 49:

  • By 2010, nearly 96% of nursing home or institutionalized residents had a disability, compared to about 37% of non-institutionalized seniors.
  • Figure 2-18 (page 49) shows functional limitations of the 65+ population.  These functional limitations include difficulty walking; difficulty climbing stairs; difficulty doing errands alone; difficulty dressing and bathing; difficulty seeing; difficulty hearing; and difficulty remembering, concentrating and making decisions. 

With regard to “Population Aged 65 And Over” by state, as seen in Table 4-1 on page 104, Illinois had the 7th largest population among states with regard to population aged 65 and over.

Also, the “Population Aged 65 And Over” is also presented by county.  As seen in Table 4.5 on page 117, Cook County is ranked as 2nd highest in the number of 65 and over people as of the year 2010.

Additional details can be seen in the “65+ in the United States: 2010” report, as well as the July 1, 2014 McKnight’s article titled “U.S. nursing home population decreased 20%, Census Bureau reports.” 

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Criminal Background Screening Of Nursing Home Personnel

Nursing home personnel, their backgrounds, and their training is a critical issue with regard to the quality of care that nursing home residents receive.

Last year, the results of a paper concerning criminal background screening of nursing home employees was released.

This report was published in the Journal of Elder Abuse And Neglect and is titled “Evaluation of a Seven State Criminal History Screening Pilot Program for Long-Term Care Workers.”

In this paper, the findings of 247,198 background checks was discussed.

The report is also summarized in the June 13, 2014 lifehealthpro.com article titled “How many nursing home job applicants fail background checks?

An excerpt from the article:

Radcliff’s team looked at results from a seven-state criminal history screening pilot program that started a total of 247,198 background checks.

The screenings cleared 158,207 applicants immediately.

The program disqualified 7,463 of the applicants — 3.7 percent of the total.

About 19 percent of the withdrew from the screening program voluntarily. The researchers speculate that some withdrew because they knew they would flunk the background screening.

Additional details concerning this papers findings can be seen in the two sources mentioned above.

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Report Providing State Rankings Of Long-Term Care Indicators

Today (June 19, 2014) a press release for the report titled “Raising Expecations:  A State Scorecard on Long-Term Services and Supports for Older Adults, People with Physical Disabilities and Family Caregivers” was released.  This report is from AARP, The Commonwealth Fund, and The SCAN Foundation.

This report evaluates 26 indicators in five dimensions with regard to long-term care services among home care services, family caregiver settings, and nursing homes, and provides this detail for each state.

This report updates the “2011 LTSS Scorecard.”

Additional explanation and information can be found in the press release mentioned above.

The full report is found at “Raising Expectations” (pdf)

With regard to the rating for Illinois, as seen in Exhibit 1 (page 9) Illinois ranks 15th among the states across all five dimensions.

Exhibit 2 (page 11) shows all 26 indicators, as well as statistical information including median values as well as “top” and “bottom” values.

With regard to nursing homes, among the information provided is Exhibit A12 on page 79, in which three aspects are shown for each state.  These aspects are “Percent of High-Risk Nursing Home Residents with Pressure Sores,” “Nursing Home Staff Turnover…,” and “Percent of Long-Stay Nursing Home Residents Who are Receiving an Anti-Psychotic Medication.”

The national value for each of these aspects is 6.2%, 39.5%, and 21.3%, respectively, as of the year indicated.

The Illinois value for each of these aspects is 7.0% (43rd in the nation), 38% (25th in the nation) and 25.1% (48th in the nation).

Of particular note is the statistics regarding “Pressure Sores,” alternately referred to as “Pressure Ulcers”  which, for those unaware, the report defines in the glossary on page 113.

Additional details can be found in the full report mentioned above.

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For those interested in more discussion regarding bed sores (also referred to as bedsores, pressure sores, pressures ulcers, and decubitus ulcers) Elman Law Group has a site dedicated to the bed sores topic, found at ChicagoBedSoresLaw.com

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Should you or someone you care for experience Illinois nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.

Conditions Within A Chicago-Area 1-Star Nursing Home

As explained on the page titled “Chicago Metropolitan Area Nursing Homes,” there is a rating system, on a 1 to 5 star scale, of nursing homes done by the Federal Centers for Medicare & Medicaid Services.  In this scale, 5 stars denotes the highest rating, whereas 1 star denotes the lowest rating.

The Chicago Tribune published an article in 2009 describing various conditions within a “1-star” nursing home.  That article is titled “Misery:  Inside a 1-star nursing home.”

A couple of excerpts include:

The federal government is now rating nursing facilities on a 1 to 5 star system. Although conditions at one-star homes are startling, what is perhaps more alarming is their prevalence: About a quarter of U.S. nursing homes, including 81 in the six-county Chicago area, received one star.

also:

The lobby smelled of urine. In one room, they found a 97-year-old woman, lying in her own waste. She had severe bruises on her arm, foot and both legs that the staff could not immediately explain. Another resident had a bed sore larger than a golf ball and dripping blood.

This article also discussed various other conditions within the nursing home at that time, including nursing home violations; improper use of bed side railings; various unsanitary conditions; and various poor / negligent operating conditions.

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Should you or someone you care for experience nursing home abuse or neglect – or a nursing home accident – please contact the Elman Law Group to discuss the situation and to see what legal remedies may exist.

Elman Law Group is a personal injury law firm based in Chicago, and is known for its litigation (court trial) capabilities.  This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving highly attractive court verdicts.

In fact, because of this litigation capability, many well-known law firms choose to have Elman Law Group litigate cases. 

To immediately speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  There is no fee for this legal consultation.  

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.