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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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Phillip Pond
Great service, highly skilled and knowledgeable, very professional and good at what they do.
david eddinger
Very easy to talk to and explain everything clearly to make sure you understand how things will be taken care of.
Eric B
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Alisa Grant
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!
Jason T Childs
Great to deal with, great customer services.They really care about their clients and their needs
matthew crampton
A law firm that is actually for the people, a law firm that has your best interests, and a law firm that fights for you and the justice you deserve. They do not stop until they get you every single thing you deserve. You definitely want these guys in your corner.
purple lillies
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,
Client
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!!
Kimberly Montecalvo
Amazing customer service, help you understand everything,and make sure you dont have any questions or problems.
Taniyah Jackson
I highly recommend this group of lawyers they are amazing! All the staff are very professional and friendly. Thanks
Patt Da Steppa
I had called Kogan and DiSalvo to ask a question regarding my cousin’s motorcycle accident. They were so kind and showed they wanted to help as much as possible. Even though I was just asking a question over the phone, they didn’t push me away or rush me through the call. They took the time to answer my questions and explained it very thoroughly. I just had to stop by and share my delightful experience with them and highly, HIGHLY recommend them! Thank you for taking the time to talk to me and answer my questions, you guys are amazing I mean it
Killa Swift
These guys are exactly what you need in a lawyer!
Kaitlyn Dawkins
I had a car accident in September 2024 where my back and neck were severely injured. I immediately called Kogan and DiSalvo after my accident and they got to work on my behalf right away. I was able to treat with wonderful providers who were kind and compassionate. A settlement was reached for much more than anticipated. Amanda (paralegal) and Rachel (attorney) were wonderful throughout the process. They kept me updated every step of the way and were extremely response and proactive in resolving the matter. I would recommend Kogan and DiSalvo to anyone who has been injured in an accident and needs medical treatment thereafter.
Alison Scheef
I had the best experience with Kogan & DiSalvo representing me in my Personal Injury Case. My attorney Brian Andino and his knowledgeable staff: Ludmia, Mia, Perri, Angelique and Dominique are outstanding. They stayed in touch with me, kept me informed step by step throughout the entire process, until my case was finalized. My questions were always answered and I was treated with dignity, respect and kindness. I personally recommend this team if you want to have skilled, excellent representation from start to finish. Integrity is key with this firm. Alison Scheef
Tim Gillis
The team here are such hard workers, amazing with people, communication, answering questions, and always have your best interests in mind.
c Brown
My team was amazing and very informative EVERYTIME I reached out the contacted me back In a timely manner I was very pleased with the service
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