Connect with us!
Connect with us!
Table of Contents
When the time comes to place an elder family member in one of the 36 nursing homes in and near Stuart, Florida, the family should be careful in choosing a residence. Being careful does not mean abuse of elder residents will not happen. If it does, the family should contact an experienced Stuart nursing home abuse lawyer to protect the family member and recover damages.
Across the United States, 11 counties encompass the highest population of elders and Florida has five counties on that list. Therefore, it is not surprising that Florida has some of the sternest nursing home regulations and elder laws in the nation, and a host of agencies serving elders.
If you believe a loved one may be suffering from elder abuse or negligence, consult with an experienced personal injury lawyer in Stuart from Kogan & DiSalvo immediately to begin gathering the elements of the case and building an effective claim.
Common abuse in nursing homes includes acts of assault, battery, neglect, isolation, abandonment, sexual assault, and extortion. Any of these can be prosecuted under criminal law.
In fact, 190 abuse charges were filed in Florida courts in 2011 and of these 87 defendants were sentenced. In 2015, authorities charged 161 people and 62 defendants were sentenced, reports the Office of State Courts Administrator.
Elder abuse occurrences are increasing. According to the Florida Department of Children and Families, 1,448 abuse cases were reported in 2011 compared to 2,525 cases in 2015.
Elder law includes protecting the rights of nursing home residents. They are to be treated with dignity, be allowed privacy, to take part in religious and social events, and be provided high quality safe medical care.
Nursing home abuse is defined in Florida as an act that is committed with intent that can:
It is illegal for a nursing home employee or manager who witnesses or has knowledge of an abusive act to ignore it. If an abusive act is not reported, a criminal charge can result. A person who knows of an abuse will be given immunity from prosecution if that person reports it. These elements can be best explained by a Stuart elder abuse attorney.
In addition to criminal action, nursing home abuse falls under Florida’s comparative negligence in civil law. Negligence has four elements and each must be met to prove a civil case and achieve monetary damages.
The nursing home breaches its duty to residents by:
When a nursing home has a contractual obligation with residents, a breach of the contract may also arise from negligent acts or procedures. To bring forward allegations of elder abuse, an individual should not hesitate before hiring a nursing home abuse attorney in Stuart.
When an abuse incident arises, the family can arrange for a free, no obligation consultation with our attorneys. Stuart nursing home abuse lawyers from Kogan & DiSalvo can determine if a valid case exists and handle the case without taking attorney fees.
If the case is successful, the fees are taken from the damages that are awarded. If the case fails, no attorney fees are charged.
The elder abuse lawyer in Stuart will collect physical and testimonial evidence to prove the case and prepare for trial. Many civil negligence cases are settled between the parties. In that situation, the attorney will aggressively negotiate a fair settlement with the insurance company that is satisfactory to the family.
Total reviews: 948 |
Average rating: 4.9
Jay and Jennifer were very responsive to my calls. When I had questions, they provided clear answers. They thoroughly explained the settlement process to me and kept me informed every step of the way.
Samantha, embodies what customer service should be like. So friendly, down to earth, caring, resourceful, knowledgeable, and goes the extra mile .
If I’m ever in another accident or know someone that’s been in an accident, I will definitely be referring Kogan & DiSalvo (Samantha and Paul).
Samantha thank you for all of your hard work and dedication to get me and my husband to a successful resolution.
Thank You Again,
Iris
My case with Kogan and DiSalvo, was handled with the utmost seriousness and respect. Mr. George Bakalar, who lead my case from the beginning, along with Miss. Macy and Miss. Victoria were all outstanding individuals. They were able to resolve my case inline with all parameters discussed in my initial interview. More than expected they were personal and listened to all my concerns. I would definitely recommend them to anyone! Have a great day and Enjoy!
Paul Silvestri and his team were great! They took care of everything and made the process stress free. Very pleased with my settlement. I highly recommend Paul Silvestri at Kogan & DiSalvo!
Jennifer was helpful, answered all of my questions and made the process simple.
I am very please on the outcome of my case with Kogan & DiSalvo. It took a while but the results are worth the wait. I want to also thank Amanda who did an outstanding job on my settlement with the crew.
Selecting an attorney is hard. I briefly worked with the “largest firm” and that was a complete mistake. Paul Silvestri of Kogan and DiSalvo immediately built confidence that I was with the “best” firm. He is strategic, smart, listens, takes times to evaluate facts, follows up, is very responsive, and makes you feel like you have a partner during a tough time. The firm has great technology, great support through the app. Christina B is very responsive when other firms never reply!!! Great experience, great firm, don’t go anywhere else!
A big truck sideswiped my car. I had two surgeries due to the accident. I had surgery on my neck and back. I would like to thank Jay London and Christina Bejarano for everything they did for me and my case. Jay and Christina provided outstanding service. They did a great job explaining each step along the way. I highly recommend Jay and Christina; they did a wonderful job.
I got the help I needed,I had a very nice attorney name Kayla,she was so nice and very understanding and helped me through the whole process
They helped me the best they could,I’m happy with the outcome
Samantha Vola handled my personal injury case with care and made sure I was informed what was going on in the whole process. I was very happy with the results.
They were the best at handling my car accident case. Samantha Juerakhan was on point with everything. She kept me updated frequently & fought hard when my insurance was giving them a hard time. 100% will be recommending Samantha to anyone I know.
I had the pleasure of working with Kogan & DiSalvo after being involved in an accident, and I couldn’t be more satisfied with their services. From the start, they were incredibly professional and made sure to communicate with me every step of the way. They took the time to explain the process, answer all my questions, and keep me informed about the progress of my case.
Their dedication and attention to detail were evident throughout the entire experience, and I felt confident knowing they were handling my case. In the end, I was very pleased with the outcome and the way everything was handled. I would highly recommend Kogan & DiSalvo to anyone in need of a personal injury attorney. They truly go above and beyond for their clients.
Jay London and Amanda Hudson were an amazing help when faced with a hard time after an incident. They are caring and will fight to help make things right. They are always available if you have any comments, questions or complaints during your case. They also help explain the nitry gritty parts of law/legal that the average person gets to be ignorant too. Such helpful people!
I have to say my experience with Kogan & DiSalvo has been absolutely Great. Amanda Hudson worked with me as if I was her father
with total commitment to help me.
I recommend Kogan & DiSalvo to anyone that needs an exceptional hard working law firm.
Nothing but the best from Kogan and Disalvo. I wouldn’t go anywhere else for a case. Brian and Ludmia were extremely helpful. They explained everything about the case from start to finish. I felt comfortable to call them at any time if I had any questions or concerns. Once the case settled they worked on getting me my money quick. Thanks to everyone there at Kogan and Disalvo, I’m happy to have them as my attorneys!!
Thanks to the Folks at Kogan and DiSalvo for the hard work with my injury case. From the first day they took the case all the way to very end , they were professional, courteous and caring. Sam, Tiffany, Rachel and the entire office staff went the extra mile to help me through this very trying time to get the best settlement possible.
Sincerely Appreciate All You
Mike Morakis
After my wife and I were involved in a car crash we called K&D to help find the other driver who gave false information. They found the person and started the legal process immediately. The entire team (from intake person to paralegal and attorney) was amazing to work with. I had no idea what to do in our situation, but Paul allowed us to relax while they did all the heavy lifting. He and Christina did an amazing job returning my calls and emails for updates and feedback. I have absolutely no doubt that without the help of this team of professionals I would been stuck with an auto body repair bill and no compensation for our injuries.
Thank you for being there for us K&D! Paul…I can’t even begin to thank you for your help.
Just an amazing experience. Macy and George were on top of everything. They did everything. And anytime I had a question, they got back to me ASAP. Thank you again.
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