The facilities and caregivers that we entrust our aged loved ones with do not always give residents the respect and care they deserve. Seniors are often subject to serious neglect and abuse by the caregivers meant to protect them.
If you know or suspect that your parent or loved one has suffered abuse or neglect in a nursing home, discuss your case with a Jacksonville nursing home abuse lawyer at the Law Offices of Anidjar & Levine. We may be able to help you hold the wrongdoer liable and pursue financial recovery on your loved one’s behalf.
Recoverable Damages in a Nursing Home Abuse Case
Florida law provides that residents who are victims of nursing home abuse or neglect can pursue compensation for their resulting harm, which could include physical, emotional, and financial losses. Some of these damages include:
- The pain of physical injuries
- Medical expenses, including rehabilitation
- Mental anguish
- Emotional distress and psychological suffering
- Counseling and therapy
- Reduced quality of life
Determining the value of a nursing home abuse claim requires investigation of the facts, careful calculation of current and future expenses, and sometimes the help of a financial expert. You get a free evaluation of your claim, and we will help get fair compensation when you work with us.
Wrongful Death Damages Resulting from Nursing Home Abuse
If your loved one passed away as a result of nursing home abuse or neglect, you may be able to file a wrongful death claim to recover damages.
We could seek a recovery for the following on your behalf:
- Funeral and burial expenses
- Your loved one’s final medical expenses
- Pain and suffering
- And more
Legal Options If a Loved One Has Experienced Abuse or Neglect
When your loved one sustains an injury as a result of nursing home abuse or neglect, they might be able to collect financial compensation for their harm. This involves filing a liability claim against the facility or caregiver and seeking damages for losses related to the abuse or neglect.
As their child or as another responsible family member, you can speak to an injury attorney on their behalf to learn more about how to take action. It is important to note that any claim you file against the responsible party is separate and distinct from any criminal charges the wrongdoer may be facing.
Taking legal action against a nursing home facility is a complex undertaking. You must collect ample evidence proving the abuse, file legal documents within a rigid time frame, and deal with the facility’s and their insurer’s denials, defenses, and counterclaims. Our attorneys can help. We have handled numerous nursing home cases in Florida and successfully secured the justice and financial compensation our clients deserve.
Demonstrating Negligence in Your Nursing Home Case
The basis for personal injury and wrongful death claims is negligence, which means that the caregiver or facility must have breached the standard duty of care they owed to your loved one.
Examples of negligent conduct may include:
- Failing to administer medicine
- Physically battering a resident
- Using physical restraints excessively and improperly
- Refusing to acknowledge a resident’s physical and emotional needs
- Failure to monitor residents at risk of wandering or elopement
- And more
Many nursing home abuse and neglect cases cause injury, justifying the need to file a claim. We will work to gather any and all evidence of a nursing home’s negligence and hold the staff or facility accountable.
What Constitutes Elder Abuse?
Elder abuse is more prevalent than many people realize. An estimated one in 10 seniors has experienced some type of elder abuse, reports the National Council on Aging (NCOA). This figure is a gross underestimate, given that only one in 14 cases of abuse is actually reported.
Elder abuse is not necessarily just physical in nature. According to the Administration for Community Living (ACL), elder abuse includes intentional or negligent behavior that brings harm to an elder person. There are various types of abuse and mistreatment seniors can experience in nursing homes, including:
- Physical abuse: This could be any kind of force or action that causes bodily injury or pain, including battery and restraints, including pinching, hitting, slapping, hair-pulling, and burning.
- Emotional abuse: This could include verbal, emotional, and psychological abuse such as assaults, threats, coercion, harassment, isolation, humiliation, and intimidation.
- Sexual abuse: This type of heinous abuse occurs when a caregiver inappropriately touches a resident who does not have the capacity to understand or consent. It includes fondling, exposure, intercourse, or any other sexual activity.
- Neglect: Whether willful or passive, depriving a resident of their basic physical or emotional needs can constitute neglect. This can involve anything from failing to change bedsheets to refusing to administer appropriate medical care.
- Financial: Financial elder abuse includes withholding, misusing, or stealing an older adult’s resources. Various types of conduct can constitute financial abuse, such as scamming, forging signatures, and coercing an elder to sign important financial documents.
If you suspect any type of abuse or neglect, get help immediately. Inform the elder care facility’s administration, alert the proper authorities, and speak to a nursing home abuse lawyer. For more information about where to report abuse and how to handle the resulting legal matters, call our team today.
What You Should Expect from a Duval County Nursing Home Abuse Attorney
No doubt you are already feeling considerable stress and concern if you suspect nursing home abuse has occurred. We have a passion for helping Jacksonville families with their legal matters during their difficult times.
Our team can assist with all aspects of a nursing home abuse case, from collecting evidence and calculating damages to filing insurance claims and litigation. Our nursing home abuse lawyers in Duval County, FL can also advise you on your legal options and help you navigate through statutes of limitations on personal injury (Florida Statutes §95.11(3)(a)), contract law, medical malpractice law, and even criminal law.
Choosing a personal injury lawyer from our team to represent your case can seem overwhelming, on top of everything else you are going through, but our team will offer the following:
Free Consultation on Your Elder Abuse Case
You should receive a free case evaluation to help determine your legal options and how best to proceed. During your consultation, you should have sufficient time to tell your story, ask questions, and identify your concerns.
Complete Case Management for You and Your Family
Our Duval County personal injury lawyers will handle all legal aspects of your case, including gathering documents, submitting evidence, and communicating with all relevant parties.
Filing a Personal Injury Lawsuit on Your Behalf If Necessary
Depending on the circumstances of your case, it may be necessary to file a lawsuit against the individual caregiver, employers, or nursing home facility. If your case does go to court, the nursing home abuse lawyer you select should be able to represent you through litigation.
Why Choose the Law Offices of Anidjar and Levine for Your Case
Your loved one should have access to the care she deserves. When her caregivers break that trust and harm her, you can step in and help seek justice—and we can help.
Our caring, qualified team of nursing home abuse lawyers at the Law Offices of Anidjar & Levine will go the extra mile for you. When you work with our team:
- You can expect to get your attorney’s phone number.
- We will help you schedule necessary appointments related to your case.
- We will answer all of your questions in a timely manner.
We will advocate for elders’ rights and help hold negligent facilities liable for the harm they cause. Contact us today to learn more about how we may be of service to you.
We Offer Legal Representation at No Upfront Cost
You may be wondering if you can afford a lawyer or if paying for representation makes sense for your case. We want to assure you that our representation comes at no upfront cost to you. Because we work based on contingency fees:
- You don’t have to pay us any retainers, hourly payments, or other upfront fees.
- We only receive payment if we win your case.
- There is no financial risk to your family, as we only win if you do.
The Law Offices of Anidjar & Levine can help you understand your legal options and whether you may be able to receive financial compensation for your suffering. A nursing home abuse lawyer in Duval County, FL may be able to help.
Other Reasons Why You May Want to Hire a Nursing Home Abuse Lawyer
It can be challenging to step forward and seek help during such a devastating time for you and your family. However, keep in mind that once you contact our team and agree to work with us, we will handle the most complicated aspects of your case for you so that you can start to focus on other more important matters in your life.
We can take on the following:
- Nursing home facilities with substantial legal teams and resources that may try to challenge your allegations
- Insurance claim battles in which you or your loved one may be wrongfully blamed for their own injuries and losses
- Any bullying or unfair insurance claims
- The challenge of seeing negotiations or court proceedings through over the course of months or years
- Seeking full, fair compensation for all available damages in your case
Taking legal action will help compensate you or your loved one for the abuse and neglect suffered, but it can also help stop others from becoming victims of the facility’s abusive practices.
You don’t have to be alone in your case. We will handle the toughest aspects of a nursing home abuse case for you.
Florida Law Protects Nursing Home Residents
Most states, including Florida, have created laws to protect against nursing home abuse and to promote dignified conditions for residents of nursing homes.
According to Florida Statutes §400.022, nursing home residents in the state have the following rights:
- The right to independent, personal decision making
- The right to receive communication from family and friends in a free, uncensored manner
- The right to present complaints to the staff of the home and offer feedback
- The right to have social engagement with other residents
- The right to be made aware of their health conditions and any advised course of treatment
- The right to refuse medical treatment and medication
- The right to be able to provide for their own self-care needs in privacy
- Civil and religious freedom
- And more
It can be difficult to know how to advocate for a loved one if you are unaware of these and other residents’ rights. We can listen to your family’s story, represent your interests, and make recommendations about how to take action if their rights are being violated in a facility.
Identify the Signs of Nursing Home Abuse
Family members and loved ones must be especially vigilant for any signs of abuse, particularly since most nursing home residents lack the cognitive ability or awareness to identify and report abuse or neglect. In isolation, any of the following signs may not necessarily mean abuse has occurred, but likely warrant further action. Make note of:
- Bruises, cuts, and burns that cannot be explained
- Broken bones
- Personality changes that come on suddenly
- Signs of sexual abuse, such as bruising in the genital area
- Problems with medication such as missed doses or unnecessary medications
- Discomfort with a particular caregiver
- Unexpected changes in financial accounts
- Soiled bed sheets, unchanged clothes, or other signs of poor hygiene
If You Suspect Nursing Home Abuse or Neglect in Duval County
If you suspect nursing home abuse or caregiver neglect has occurred in Duval County, FL, you should take immediate action to report your suspicions and concerns. For the safety and wellbeing of your loved one, there is no reason to wait for another incident or to verify.
Call 911 if you believe the resident needs emergency care because of severely neglected living conditions or is in immediate danger from a physically or sexually abusive caregiver.
If there is no life-threatening danger, start by notifying the nursing home administration, who should be able to take immediate action to end the abuse. You may also file a report with Florida’s Department of Elder Affairs online or by calling.
Connect with a Nursing Home Abuse Attorney in Duval County, FL Today
While you may be able to take immediate steps to end the neglect or abuse that occurred, erasing the physical or emotional damage is more difficult. A financial settlement may not alter the fact that abuse occurred, but it can at least help pay for the tools to aid recovery such as medical treatment and other therapy.
If you suspect your loved one suffered nursing home abuse or neglect, the Law Offices of Anidjar & Levine can help you with responsive legal care. Call us right now to get a free consultation and secure representation from a nursing home abuse lawyer in Duval County, FL.