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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.
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Monique Wilkerson
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Luisa
From the first interaction with Kogan & DiSalvo, you will know without a doubt that you are in the best, and most capable hands possible. The attorneys and legal team here are very attentive, professional, and results-driven with a passion for getting their clients the compensation they deserve. They show that no insurance company is too big for them to take on and they fight for what is right. Their determination and aggressive approach to fighting on behalf of injured victims is what truly sets them apart from the other attorneys in the area. I recommend them wholeheartedly 5/5
Caitlin Voss
After an accident, the last thing you need to worry about is an attorney that doesn’t do his job. Well, I guarantee you will not find that here at this law firm!
Kogan & DiSalvo Personal Injury Lawyers is a law firm with morals and values. They give each and every single one of their clients, their FULL attention and dedication. They bring the fight to the insurance companies and negligent party/ies, never backing down, all the while keeping you updated every step of the way, and ensure you are recovering and healing properly from any injuries sustained. They will fight on your behalf to get you every single dollar you deserve. I seriously cannot recommend them enough
Blake Harper
If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!
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Im getting paid to give 5 stars they wouldn’t pay me because i put the truth
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I’ve seen first hand, from a friend, the kind of top tier support and dedication that Kogan and DiSalvo Personal Injury Lawyers give to their clients. They are professional, aggressive, highly experienced and knowledgeable, and overall just some good honest hard working attorneys. Also, the team and staff here are just as amazing. Very communicative, always reachable, and never answer with an attitude or with an un-empathetic tone. Each time she had spoken to them, she never felt rushed or as if she was just another number to them. We recommend them 10/10!
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You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
Kelly
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
KELLY MCPHILLIPS
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
Kimberly McLean-Hunt
I wanted to take a moment to express my heartfelt gratitude to my lawyer Todd Baker, at Kogan and DiSalvo and all his support and professionalism throughout my case. His expertise and guidance were invaluable, and I truly couldn’t have navigated this process without your assistance.
I appreciate the dedication and patience you and your “team” have shone ;especially during the more stressful moments. Your ability to keep everything on track made a significant difference, and I am thankful for your commitment to achieving the best outcome.
Thank you once again for everything you have done for me.
Kimberly,
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Richard Shiver
If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!
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