Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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When a family member moves into a nursing home, they should be treated with dignity and kept safe. If you believe a resident has been harmed, speaking with a Wisconsin personal injury lawyer who understands nursing home abuse and neglect cases is an important first step. Wisconsin has more than 300 nursing homes, and the Wisconsin Department of Health Services (DHS) oversees them through its Division of Quality Assurance.
If you suspect abuse or neglect, it helps to act quickly. This page explains the warning signs, how to report concerns in Wisconsin, and how a lawyer may be able to help.
Spotting abuse early can make a big difference in preventing long-term harm. Here are some common signs to watch for:
If you notice any of these signs, take them seriously and follow the steps below.
Wisconsin law sets out rights for nursing home residents in Wis. Stat. § 50.09. Federal law, including the Nursing Home Reform Act, also sets standards for resident dignity, safety, and care.
The Division of Quality Assurance (DQA) at DHS works to protect the health, safety, and welfare of people who use nursing homes and other care services. The state’s Ombudsman Program also helps residents and families with concerns and complaints about nursing home care.
You can file a complaint with DQA about abuse, neglect, staffing, or other quality of care concerns. You can file online or call 800-642-6552, and complaints can be made anonymously. If you leave a voicemail, DQA says someone will call you back by the next working day. You can also use DHS’s page to report abuse, neglect, or misappropriation.
If you suspect that a family member is being harmed, act promptly:
Keeping records of medical care, conversations with staff, and any changes in your family member’s condition can help later.
Nursing home cases often involve detailed records and several people involved in a resident’s care. A lawyer can help in several ways:
Responsibility depends on what happened and who was involved in the resident’s care. Depending on the facts, responsible parties may include:
An attorney can review records and facility practices to help identify who may be responsible.
Every case is different, but compensation may include:
If a resident dies because of abuse or neglect, surviving family members may be able to bring a wrongful death claim.
Typically, a lawsuit must be filed within three years from the date of the injury, and this time period generally applies to nursing home abuse claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. For example, claims that involve medical negligence can follow different rules, and wrongful death claims have their own timing. It is best to speak with an attorney as soon as you can.
The facility is responsible for resident care, but families can take steps that help:
At Pemberton Personal Injury Law Firm, we take the time to listen to families and understand what happened. Every injury case matters to us, and we work to explain your options and build a case that fits your family’s situation.
If you are worried about a family member in a nursing home, we are here to help you understand your rights. Start with a free case evaluation by calling (608) 448-6242 or using the contact form below.
Here are answers to common questions from families who are worried about a nursing home resident.
You can file a complaint with the Wisconsin Division of Quality Assurance by calling 800-642-6552 or by using the online complaint form on the Department of Health Services website. Complaints can be made anonymously. The state's Ombudsman Program can also help residents and families with concerns about nursing home care. If a resident is in immediate danger, call 911.
The resident may be able to bring a claim. In some situations, a legal representative can act on the resident's behalf. If a resident dies because of abuse or neglect, surviving family members may be able to bring a wrongful death claim. An attorney can explain who may file based on your situation.
Depending on the facts, responsible parties may include the nursing home, the company that operates it, individual staff members, or other businesses that provided care at the facility. An attorney can review records and facility practices to help identify who may be responsible.
Every case is different, but compensation may include medical expenses, the cost of moving to another facility, pain and suffering, emotional distress, and lost or misused money or property. In a wrongful death case, surviving family members may seek other types of compensation. An attorney can review the facts and explain what may be available.
Typically, a lawsuit must be filed within three years from the date of the injury, and this time period generally applies to nursing home abuse claims under Wisconsin law (Wis. Stat. § 893.54). However, there are important exceptions and nuances that can affect the applicable deadline. Claims that involve medical negligence can follow different rules (Wis. Stat. § 893.55), and wrongful death claims have their own timing. Talking with an attorney early can help you avoid missing a deadline.
A claim can still be investigated. Medical records, care plans, staffing records, incident reports, photos, and witness accounts can help show what happened. Keep notes about changes in your family member's health or behavior, and talk with an attorney about which records to request.
With four offices across the state, we're never far from where you need us.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.

















Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$40M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
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