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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Thousands Of Clients Helped In Wisconsin
We've Won 500x the original insurance offer
Legally Reviewed by William Pemberton on September 30, 2026
When a loved one enters a nursing home, families place their trust in caregivers to provide compassionate, respectful, and attentive care. When the nursing home’s abuse or neglect of a loved one breaks that trust, the harm can be devastating, and the path forward is rarely clear. Families in Fitchburg facing this situation do not have to figure it out alone.
Pemberton Personal Injury Law Firm has 90+ years of combined experience helping injured people and their families hold negligent parties accountable. Our team handles nursing home abuse cases with the same dedicated approach that has earned us 13 consecutive years of Super Lawyers recognition, and we never charge a fee unless we win.
Nursing home abuse is not always easy to spot. It can be physical, emotional, financial, or the result of plain neglect. According to the Wisconsin Department of Health Services’ 2023 Annual Elder Abuse and Neglect Report, county agencies across the state received nearly 12,000 elder abuse referrals. Understanding the types of mistreatment is one of the first steps toward protecting a family member.
Physical abuse includes hitting, slapping, restraining someone improperly, or using force in any way that causes injury. Unexplained bruises, cuts, or fractures are the typical warning signs.
This type of abuse involves threats, humiliation, or isolating a resident from family members. It can be harder to detect but causes serious harm to a person’s mental and emotional health.
Neglect happens when a facility fails to provide basic care, like food, water, hygiene, and medication. Signs can include bedsores, weight loss, dehydration, or poor living conditions.
This occurs when someone takes money or property from a resident without permission, often through manipulation or deceit. Watch for unusual withdrawals, missing belongings, or sudden changes to legal documents.
Knowing what to look for can make a real difference. Family members in Fitchburg should pay attention during visits. The following signs may indicate that something is wrong:
One or more of these signs does not automatically confirm abuse, but they are worth taking seriously and investigating quickly.
Wisconsin law gives nursing home residents specific legal protections. Under state and federal law, residents have the right to be treated with dignity, to be free from abuse and neglect, and to receive care that meets their individual needs. Facilities have a legal duty to maintain safe environments and adequate staffing. When a nursing home fails to meet these standards, it may be held legally responsible for the harm caused.
This is where working with our Fitchburg personal injury team can help families understand their options and next steps. If the harm leads to a resident’s death, surviving family members may also have grounds for a wrongful death claim.
Acting quickly matters in nursing home abuse cases. Generally, a lawsuit must be filed within three years from the date the abuse or neglect occurred under Wisconsin law. However, certain exceptions and the specific details of your claim can affect the applicable deadline. Some situations, such as cases involving certain types of ongoing neglect, may involve different timelines. It is important to speak with an attorney right away, so you know your rights and timeline for filing.
Nursing home abuse claims can overlap with other legal areas, including premises liability cases, particularly when a facility’s unsafe conditions caused the harm. If a fall or physical injury was a factor, a slip and fall claim may also be actionable.
Not every law firm has experience fighting against nursing homes and large care organizations. These cases can be complex, and facilities often have insurance companies working quickly to limit their liability. The Pemberton Personal Injury team has a mixed background, which includes insurance defense, so we know how the other side thinks. We use that knowledge to build stronger cases for the people we represent.
Our dedication to clients is summed up in The Pemberton Promise: honest communication, dedicated service, and fighting for the best possible outcome. We also work on a contingency basis, which means there is no cost to get started and no fee unless we recover for you.
If someone in your family has been hurt in a nursing home, time matters. Evidence can disappear, and facilities may take steps to protect themselves early in the process. The sooner a legal team can review the situation, the better positioned you are to pursue justice.
Pemberton Personal Injury Law Firm serves clients in Fitchburg and throughout Wisconsin. We offer a free case evaluation so you can share what happened and learn about the options available to you. To get started, contact our team today.
Wisconsin nursing homes see reports of physical abuse, emotional mistreatment, financial exploitation, sexual abuse, and neglect. Neglect is among the most common, and it occurs when a facility fails to provide adequate food, hygiene, medication, or supervision. Physical abuse, including improper restraint or hitting, often leaves visible signs. Emotional abuse and financial exploitation can be harder to detect but are equally serious. All of these forms are addressed under Wisconsin law, and families who suspect any type of mistreatment have the right to seek legal guidance.
Responsibility can rest with the individual staff member who caused the harm, but the facility itself is often equally liable. If management failed to hire qualified caregivers, failed to train staff adequately, or maintained unsafe staffing ratios, the organization may share accountability. Corporate owners and management companies that operate nursing homes can also be brought into a claim. Wisconsin law requires nursing homes to meet a reasonable standard of care, and when facilities fall short, multiple parties may owe compensation to injured residents.
Wisconsin generally gives injured parties three years from the date the abuse occurred or was discovered to file a lawsuit. However, different circumstances can affect that deadline, including cases involving residents who are incapacitated or situations where abuse contributed to a death. Waiting too long can make it harder to gather evidence and may eliminate your options entirely. Contacting an attorney as early as possible is the best way to protect your family member’s rights and preserve the strongest possible case.
Yes. When a nursing home resident dies as a result of abuse or neglect, surviving family members may have the right to bring a wrongful death claim in Wisconsin. These cases involve a careful review of medical records, facility logs, and the timeline of events leading up to the death. Pemberton Personal Injury Law Firm handles wrongful death cases arising from nursing home situations and approaches them with both legal rigor and sensitivity to what families are going through.
No. Pemberton Personal Injury Law Firm works on a contingency fee basis for nursing home abuse cases. You pay nothing unless we recover compensation on your behalf. There are no upfront costs and no hourly fees while your case is pending. This arrangement means families dealing with a difficult and stressful situation can pursue justice without the added burden of legal bills. Your initial case evaluation is free, and we are glad to answer your questions before you commit to anything.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
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Insurance companies have extensive resources and experience protecting their profits. They may deny valid claims, undervalue injuries, or pressure people into accepting less than they deserve. They know how to protect their interests.
At Pemberton Personal Injury Law Firm, we understand the strategies insurance companies use to minimize claims, and we are prepared to challenge them. We carefully investigate each case, calculate the complete impact of our client’s injuries, and pursue the compensation available under the law.
When insurance adjusters see Pemberton involved, they know they are facing a legal team that will come prepared, stand firm, and fight for its clients.
You didn’t ask to be injured or forced into a dispute with a powerful insurance company. You deserve a legal team that will listen to you, explain your options, and stand beside you throughout the process.
We do not back down when an insurance company refuses to treat our clients fairly. Every client receives determined advocacy, compassionate support, and the preparation their case deserves.
Every case is different, and past results do not guarantee a similar outcome.
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”
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Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
"*" indicates required fields
By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.