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A portion of Florida’s 5.2 million elder residents reside in nursing homes in Broward County. Some elder residents are being physically, emotionally, psychologically, and financially abused, and they should be immediately removed from the home.
The family should also contact an experienced Fort Lauderdale nursing home abuse lawyer from Kogan & DiSalvo for a free consultation without obligation to begin protecting the health and rights of their elderly loved one. An experienced injury lawyer in Fort Lauderdale can craft a claim to help maximize any potential compensation you and your family may be owed.
Florida lawmakers take elder abuse seriously. They have established laws requiring annual licensing and inspection of nursing homes by the Agency for Health Care Administration as well as an agency to help elders stay healthy, safe, and independent, the Department of Elder Affairs, and 10 other agencies to serve the needs of the elderly. There is a regulation of nursing homes to ensure that the property is safe and there are procedures in place to prevent slip and fall accidents.
Under Florida law, nursing home residents must be treated with dignity, have their privacy assured, receive safe and high-quality medical care, be allowed to participate in religious and social events, and have their other rights respected.
Elder law adopted by Florida defines abuse as an intentional act that reasonably causes physical injury or psychological harm, inflicts psychological or physical injury, or encourages a person to commit an abusive act.
Reporting elder abuse is the first step to eliminating it. Florida law makes failing to report an elder’s abuse a felony criminal offense but provides immunity from prosecution for somebody who sees and reports abuse.
The number of elder abuse cases in Broward County reached nearly 5,200 in 2011. Although nursing home residents are responsible for about 20 percent of reported abuses, blame may ultimately fall on the nursing home’s practices, lack of monitoring, insufficient staff training, and improper actions or omissions by employees. If this occurs, an individual can seek the aid of a Ft Lauderdale nursing home abuse attorney to seek appropriate damages.
Typical abuses include:
A Fort Lauderdale nursing home abuse lawyer will explain to the client that these abuse cases are adjudicated under Florida’s comparative negligence law.
The law holds that parties will share negligence depending upon their percentage of fault in causing injury, death, or property damage. The percent of assessed fault reduces damages by that percentage, up to 50%. A party found 51% or more at fault will be prohibited from recovery entirely. A party that is not at fault can claim full damages.
Negligence is proven by four elements:
If the resident was at the nursing home under a contract with the business, an abuse may be a violation of the contract. A violation is a breach of contract, which may be actionable in claiming damages.
Our Fort Lauderdale nursing home abuse lawyers will gather evidence to prove the case by undertaking a comprehensive investigation of the nursing home and its owners to discover any previous negligent episodes and reconstruct the event using physical and testimonial evidence. The attorney will also assess the contract with the nursing home to determine if a breach occurred and if it is actionable. Preparation of the case includes the lawyer anticipating defenses and countering them.
Many civil cases reach a settlement between the parties, which is less expensive than taking the case to court before a jury. The Ft Lauderdale nursing home abuse attorney will aggressively negotiate a settlement with the insurance carrier that is satisfactory to the client. Should it get to court, the lawyer will be prepared to win.
The Fort Lauderdale personal injury attorneys at Kogan & DiSalvo work on contingency, meaning legal fees are taken from the monetary damages. If the case fails, no fees are charged.
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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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