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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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Kevin Smith
Amazing attorney very responsive and friendly
Luis Vidal
I would highly recommend Kogan & DiSalvo they were absolutely terrific from my first contact all the way to my settlement check their staff were there all the way. Luis V.
Antonetta Capofarri
The best decision I made was contacting kogan and the DiSalvo after my car accident I was blessed to have Todd Baker work on my case as for he was not only a lawyer representing me in tough times but he was extremely caring about me my personal life my children my health and not only did he go above and beyond by doing a video mediation while I was at the hospital but also actually drove to my home so that I was available on an important phone call when he couldnt reach me. I also had the pleasure working with Debora Tejada she was amazing updating me every step of the way.
There work together won me the maximum amount for my case. I was blessed to have met these people and have them work on my case. Thank you Todd Baker and Debora Tejada for everything.
Rock Nroll
Hello everyone that may be interested or thinking about getting representation by a lawyer. This group of lawyers and staff will go out of their way to make sure you have a stress free experience from the first day to the last.
Accidents can be stressful and your in pain and you don’t know what to do or even how to go about doing it . They will one focus first and foremost on getting you medical help to get you out of the pain your in . They will check in with doctors and call you personally to see how you are and how your feeling. They are good people here . This company really do give you this family old school feel. I certainly appreciate all the help and keeping me stress free and anxiety free during this whole process.
Just a note every single person from lawyers to office staff are fantastic.
Thank you to everyone shout out to you Jay for your help from start to finish .
Malik Hylton
Outstanding Legal Representation – Highly Recommend Kogan & DiSalvo!
I cannot say enough great things about Kogan & DiSalvo Personal Injury Lawyers! From the very beginning, their team was professional, compassionate, and incredibly knowledgeable. They guided me through every step of my case, always keeping me informed and making me feel confident that I was in the best hands.
Their attention to detail and dedication to their clients are truly unmatched. They fought tirelessly to ensure I received the compensation I deserved, and the outcome exceeded my expectations. What sets them apart is their genuine care for their clients—they treat you like family, not just another case.
If you’re looking for a personal injury law firm that is skilled, trustworthy, and committed to getting results, I highly recommend Kogan & DiSalvo. They are simply the best!
A. Christine
I had the pleasure of being able to follow my attorney Paul S., over from his prior firm. Which was the Best decision made considering Paul was very hands on and empathetic to the complications this whole ordeal has accident has caused. Completely changed my quality of life/families lives too!!
Paul always made me up to date, informed when available, and less alone through the entire process by simply showing compassion and empathy especially in my family’s time of need by listening and being a call away!
I am forever grateful and will never use any other firm than Kogan & DiSalvo. Especially without my favorite attorney by my side!
Thanks a million FAm, especially you Paul S
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Tampa Florida 33510
Thomas Clark
They always take your call. They are very friendly and caring. They do their best to keep you updated throughout the entire process. Thank you
Joshua Keefe
Best personal injury attorney in Delray Beach!!
Leeann Gibbs
The team and attorneys here are very thorough and knowledgeable. They have a proactive approach to all that they do and ensure everything is taken care of throughout the whole process. I highly recommend them to anyone in need of a car accident lawyer
Tabitha Cook
After speaking with them on the phone, I can assure you these guys know what they’re doing. The level of knowledge and professionalism they show, along with the personal touch, and care they give, is what truly sets them apart from other personal injury lawyers in Tampa.
Andrea Drury
Fantastic communication.
Terrese Franklin
Very knowledgeable and caring attorneys and team here at Kogan & DiSalvo Personal Injury Lawyers.
Brandon Martinez
Very honest company and great customer service.
I highly recommend contacting them!
5 stars!!
Maria Cavaliere
This layers work with you, guide you all the way through the whole process and then hand you, your reward. Thanks Kogan & DiSalvo
Kalvin Moquete
Awesome legal team and services. Jay London was amazing and definitely a 5 star experience! Thank you!
Kellie Thrift
I had the privilege of working with Attorney Paul Silvestri and Litigation Paralegal Debra Tejada, who I fondly refer to as the A+++ Team! In August 2023, my husband and I were rear-ended just 10 days after relocating back to Florida. It was a particularly stressful time, and the insurance company was uncooperative. However, Attorney Silvestri expertly navigated the complexities of my case, utilizing his vast legal knowledge to advocate on my behalf. Debra was consistently attentive, answering all my questions with both intelligence and a warm, personable demeanor. I truly felt that both of them were deeply committed to not only resolving my case but also to ensuring my well-being throughout the process. Thanks to their hard work and dedication, my case has now been successfully settled, and I am extremely satisfied with the outcome. My heartfelt thanks to both of you!
Silvana Rodriguez
Leslie was the one handling my case and she gave me updates and Guided me thru out the process of my case she handle everything and made me feel like someone care. Very happy with the service she provided it thank you !!
Reginald
Very detailed oriented
Sherri Varn
Kogan and DiSalvo contacted me consistently and listened carefully to what I said about the crash and the loss of our beautiful truck. They were able to work with all parties and the settlement was more than my husband and I thought it would be. Thank you!
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