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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.
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Average rating: 4.9
From the moment I googled injury lawyers, the first name that appeared was Kogan & DiSalvo. I’ve seeing them painted in the back of the cross many times instantly felt a sense of relief that all that right away. Boy am I glad I trusted my instincts. From the initial phone call that I made at the time of my injury I was guided over the phone what to do. It was almost like having a family and solo me through a rather traumatic situation. My attorney Ted DiSalvo has been amazing, however I did most of my correspondence with Amanda Hudson (she was like a big sister) guiding me and reassuring me an answering every question that I had throughout this long process.
Kogan and DiSalvo they treated me like family from day one. If you are ever in a position that you need a great injury firm that pays closer attention to you then your own family; Kogan & DiSalvo is who you need to call. They will make sure that you do not get shorchanged . They will get you the money that you deserve.
Lastly I know I sound like a broken record but Amanda Hudson was amazing “you rock Amanda” You made this a truly great experience..
My neighbor used Kogan & DiSalvo twice and had such a positive experience that after I was involved in a car accident she told me that I really should call them, so I did. After I filled out the form online someone called me within 3 minutes. She was very kind, compassionate and very sympathetic to my situation. From the beginning she let me know that she needed to speak with the attorney and find out some more info before she could say if they could even help me. The honesty from her was very appreciated. Although I’m not finished with my case I am very very happy with how things are going and even more so with the treatment I recieve from everyone I have dealt with. I am treated like a person, not a number, which is unfortunately very rare. They honestly do care and do truly want to help. I would highly recommend them to anyone who needs a personal injury attorney.
Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!
Great firm great attorneys very punctual very kind and very helpful. Always willing to help 24/7 willing to answer any doubts or questions.
I am truly appreciative for what this firm has done for me. All I can say is from the bottom of my heart, thank you all and God bless. 🙏
Really nice and friendly people to work with
Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!
Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm
Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!
Very great and didn’t forget about us thank you so much
Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.
Everyone was very professional and nice
Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you
My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.
I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!
Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.
Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.
I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.
We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.
Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.
Jessica and jay the best attorneys that can handle your case
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