Connect with us!
Connect with us!
Table of Contents
When nursing home abuse or neglect occurs, the family requires the help of a dedicated attorney to stop the abuse and hold accountable those who are responsible through civil legal action. The lawyer can assess the strength of the case, explain the legal procedures and help arrange to move the abused elder to another home. If the case is successful, legal fees are a percentage of the damages award. If the case fails, the lawyer does not collect a fee.
Once someone is aware nursing home abuse has occurred, it is important to contact a Boynton Beach nursing home abuse lawyer from Kogan & DiSalvo as soon as possible. A person has a limited amount of time to file suit once they are aware of the situation, giving rise to the lawsuit. A nursing home abuse attorney in Boynton Beach must put the nursing home on notice quickly, ascertain the insurance information for the nursing home, and begin a prompt investigation.
A nursing home’s vulnerable adults are injured by rough handling and violence, including shoving, falling, kicking, slapping, and tight restraints. Injuries inflicted include bed sores, sprains, internal damage, broken bones, and malnutrition. Damaged dentures and broken eyewear can be examples of evidence of abusive behavior. Emotional and psychological harm is inflicted by intimidation, humiliation, ridicule, and casting blame, as well as isolation and neglect.
Taking financial advantage of a nursing home resident is another form of abuse. Abuse can be detrimental to health by causing chest pains, increased blood pressure, panic attacks, trouble breathing, and stomach problems, among other ailments.
Acts of negligence committed by owners, managers, and staff of nursing homes include:
Once a lawsuit is filed, Boynton Beach nursing home abuse lawyers from both sides will conduct discovery. This means that each side will request information from each other, including an opportunity to ask many questions of each other’s clients. Once a trial date is set, an experienced attorney will prepare thoroughly for trial and prepare their client every step of the way.
Nursing home residents are protected from abuse by both criminal and civil law. The applicable civil law is personal injury, which is proven through Florida’s comparative negligence doctrine. This law prevents parties who are at fault from claiming all of their damages, up to 50%. For example, a person who is 20 percent at fault may only claim 80 percent of the damages incurred. A person found 51% or more at fault for their injuries are prohibited from recovery entirely.
Negligence has four elements and each must be proven to win a case. The duty of care requires people not cause harm or property damage to someone else and breaching that duty by committing an act or failing to act, and that breach caused the harm or damage. A Boynton Beach nursing home abuse lawyer can then assess the monetary damages resulted.
Florida’s criminal law requires incarceration for caregivers who abuse residents, and it is illegal to witness an abusive incident and not report it to authorities. Those who do report an abuse have immunity from prosecution.
Time is important in discovering, collecting, and preserving evidence because memories fade and evidence can be covered up. A Boynton Beach nursing home abuse lawyer from Kogan & DiSalvo will quickly launch a thorough investigation of the abuse that includes interviewing under oath the defendants, the victim, and witnesses under oath.
The investigation includes a records search to discover if the nursing home has a history of allowing abuse or not obeying state regulations governing these businesses. The attorney will also search to determine if any civil rights of residents were violated.
The lawyer will calculate the damages for medical and therapy treatments, pain and suffering, emotional trauma, and all other expenses related to the abuse. Punitive damages may apply to any abuse that was egregious as a means of discouraging similar behavior.
Total reviews: 993 |
Average rating: 4.9
Love this firm!
I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.
I hired Kogan & DiSalvo after an auto accident involving a tractor trailer. Honestly, I was dreading having to deal with a law office, but my attorney, Todd Baker, and his staff immediately put me at ease with their professionalism, compassion and expertise. The whole legal process was easier than I had expected, and Todd did a stellar job in negotiating a settlement in my case. I am very happy that I chose Kogan & DiSalvo to represent me. Thanks again!
Samantha is amazing. This is the first time I have ever been in a accident and she took her time and walk me through the process. Forever thankful. I would recommend them to everybody!!!!
Great at communication and worked really well with me through the entire process! I thought they did a great job and strongly recommend working with them for your personal injury needs!
It was a great experience. I appreciate everything you all did for me.
Exceptional service. Always return my calls quickly. Always answered all my questions. We negotiated a deal . we did not take the first two offers. We finally got a number that we deserved. He fought hard but got me what we needed.
I feel you are on top of my case thanks.
(Translated by Google) I received very good advice. Excellent attention.
(Original)
Recibí muy buena asesoría. Excelente atención.
They did everything for me! It’s was easy and convenient.
The legal support staff was always helpful to answer my questions regarding the status of my case, or would research my question and respond to my inquiries in a timely fashion,either by text or phone . I received documents by mail timely.
I just wanted to say Thank you to Dan, Lauren and the Kogan and Disalvo staff. Dan was on top of my case from day one. If I had any question at any time of day he would answer. They never asked me for a dollar which was great for me. I would recommend them to everyone. Thank you again. I hope I never need you again, but if I do I would not hesitate to call Dan again. Thank you so much.
Thank you for being there.
Professional team that made me feel like a priority.
Todd Baker and the whole staff macy and sam were the best. They were very professional and very proficient at taking care of my case. I would absolutely recommend Kogan and Disalvo!
This firm has did an amazing job
In the beginning of my case Amanda and Rachael took my information about my accident. They called me when needing more information regarding my case, found me the proper medical doctors for treatment, and followed up with my progress or other issues that occurred regarding my injuries. Later I was introduced to George Bakalaar who handled the rest of my case. I believe George, Macy, and Victoria were dedicated in helping me get the settlement I deserved.
The Absolute Best Personal Injury Attorneys Out There They Will Fight For You To Get What You Deserve And Will Take The Case To Trial If You Don’t Like What The Insurance Companies Are Trying To Settle The Case For These Are Honest Lawyers Who Say We Work For You I Had A Great Experience Me And My Mother Auto Accident The Best Lawyers In South Florida Hands Down!!!
I had a wonderful experience working with this team especially Mia, Amanda and Rick. They were very communicative and worked great together in getting the best outcome for me. Definitely a good camaraderie. I highly recommend Kogan and Disalvo team to everyone, they are supper professional and beneficial ! GREAT TEAM!
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.
(561) 375-9500
Call