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Kristen Lojewski on How to Know Something Is Wrong Before It's Too Late

Kristen Lojewski on How to Know Something Is Wrong Before It's Too Late

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What happens when a girl who grew up in poverty in Indiana, watched her grandfather walk into a rehab facility after his second stroke and get wheeled out in a wheelchair with a bag of clothes soaked in urine and feces because they kept passing him by at meals while he dozed in his room, becomes the first person in her family to attend graduate school, spends years as a prosecutor in South Florida learning how to try cases before she ever touches civil work, and then builds her own Milwaukee firm in 2025 dedicated entirely to one mission — holding nursing home corporations accountable when something goes horribly wrong? In this episode of the Trustcast Show, Zane Myers speaks with Kristen Lojewski, founder of Lojewski Abuse and Injury Law, about how to know something is wrong at a nursing home before it is too late — ask for the care plan, visit at unpredictable times, attend the interdisciplinary team meetings — and why families almost always do see the warning signs but get talked out of them by the facility until it is too late to undo the damage. Kristen explains why Wisconsin caps wrongful death damages for adults at $350,000 and pain and suffering at $750,000, why that makes a million-dollar total exposure feel like a rounding error to a chain corporation, and why the legislature is essentially telling families that an elderly person's life is worth less than if the same thing happened across the border in Illinois. They also discuss how nursing homes are increasingly burying binding arbitration agreements deep inside admission paperwork given to families during the most emotionally pressured moments of their lives — and why signing one strips your right to a jury trial and public record — what sexual assault inside memory care facilities actually looks like and why residents with dementia are specifically targeted because perpetrators believe nobody will believe them, how facilities use the phrases just aging and unavoidable injuries as standard defenses even when they have not implemented a single reasonable safety measure, why the defense firm on the other side gets paid every time they answer an email and has every incentive to run out the clock on a surviving elderly spouse, and why Kristen's firm will never recover more than what the family recovers. Kristen Lojewski is the founder of Lojewski Abuse and Injury Law in Milwaukee, Wisconsin, serving families whose loved ones were harmed or killed by nursing home neglect or abuse. Connect with Kristen Lojewski: protectwi.com or loyeskilaw.com Phone: 414-999-3771 Instagram: @attorneykristen Milwaukee, Wisconsin Chapters 00:00 Introduction to Kristen Lojewski 00:44 Big buddy and little buddy — watching her grandfather deteriorate in a rehab facility and passing away in September 2020 02:35 From South Florida prosecutor to nursing home plaintiff lawyer — what the criminal courtroom taught her that civil lawyers miss 04:15 Something feels off about my mom's nursing home but I can't point to anything — where do I start 05:30 Request the care plan, visit at unpredictable times, attend the interdisciplinary team meetings 06:59 What are the warning signs families miss until it is too late 07:30 Families usually do see the warning signs — the problem is the facility reassures them out of acting 08:24 When the nursing home says everything is fine — how to push back and when to escalate 10:44 The nursing home says those injuries are just part of aging — is that ever actually true 11:24 Send your loved one to an independent hospital if you are concerned — what independent providers actually document 13:12 If your loved one has dementia and can barely communicate — does that make it harder to pursue a case 14:18 Sexual assault in nursing homes and memory care facilities — why residents with dementia are specifically targeted 15:52 How often is this actually happening — and how much goes unreported 17:11 Who is legally allowed to file a claim in Wisconsin 17:20 Adult children, spouses, parents — and why extended family do not have a wrongful death claim 18:14 Wisconsin caps wrongful death at $350,000 for adults — the hardest conversation she has with families 19:29 Total exposure for a nursing home wrongful death case — $1.1 million and why that is nothing to a chain corporation 20:01 The $750,000 pain and suffering cap and why the legislature undervalues elderly lives 21:23 What the first phone call with a family actually looks like — holding space before gathering facts 22:30 Honest conversations about damages caps, medical record review, and whether to try pre-suit resolution 23:15 Contingency fee — the firm advances all costs and never recovers more than what the family recovers #KristenLojewski #LojewskiAbuseLaw #TrustcastShow #NursingHomeAbuse #NursingHomeNeglect #ElderAbuseLaw #WisconsinNursingHomeLaw #WrongfulDeathWisconsin #ArbitrationNursingHome #ElderLaw
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