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Illinois Appellate Court Allows Plaintiff to Pursue Aggressive Approach to Legal Fees and Costs Under the Nursing Home Care Act in Recent Decision

Under the Nursing Home Care Act, a successful plaintiff is typically allowed to recover their attorney fees. Prior to the recent Appellate Court decision in Grauer v. Clare Oaks, an unpublished and nonprecedential decision, a court typically granted attorney fees under the Lodestar Method. Under this method, reasonable fees are calculated by multiplying the number of hours reasonably spent by the attorney on the litigation by a reasonable hourly rate. However, the Appellate Court in Grauer v. Clare Oaks held that a successful plaintiff may recover their attorney fees pursuant to a 1/3 contingency fee agreement. If the Appellate Court adopts the line of reasoning set forth in Grauer in a future published, precedential opinion, then the Plaintiffs’ bar may begin routinely seeking Lodestar fees on small verdicts and contingency fees on large verdicts.

Click here for a more detailed summary of the Court’s decision.

Should you have any questions regarding these issues, or require assistance with long term care litigation, please contact Mollie E. Werwas at [email protected] or 312-506-4474 or Amanda J. Walsh at [email protected] or 312-506-4465.