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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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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
A. Shipley
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
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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
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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.
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Fantastic communication.
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Very knowledgeable and caring attorneys and team here at Kogan & DiSalvo Personal Injury Lawyers.
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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
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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!
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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
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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!
otrenche1
I can tell you guys how gratefull we are with the service ,treatment , professionalism , and the results we have, they treat you like family .we strongly recommend them 👌. Thank you guys , the Trenche Family .
DeborahAnn G
I wish they had a 10 star review options. The professionalism and client relationship was amazing. Jenn would inform me of every step of my case as well as answer questions I may have. My lawyer Jay could frequently call with updates as well. Jenn and Jay made this process so smooth. I highly recommend this group for your lawyer needs.
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They are very helpful with my recovery I can’t say enough thank you to my team
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I receive quick response whenever I had any questions . I felt like I was receiving good advice, and I am pleased with the outcome of this settlement. They seem to be very caring for my needs.
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