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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.
Total reviews: 1268 | Average rating: 4.9
Janie Domimguez
Hockey-Family Cataldo
Brian Andino did a great job. First of all anyone with a lawsuit in Martin County will soon learn about the Comparitive Negligence rules here. Something imposed by the county to avoid letting anything get to trial. Not only did they do a great job during all pre-trial mediations and more. The most impressive was the post settle. After they had been paid (reread after they got their $$) Brian continued to work for me settling the many liens. That was diligent and most impressive as it showed the moral work ethic as there was nothing left for the firm it was all my end. He continued to work until it was all done. Thank You Brian!
Jeffrey Otero
I usually don’t leave reviews but after Kogan & Disalvo handling my case left me beyond satisfied, from the moment I presented my case to when the case was finalized, everything was handled with such professionalism and amazing communication. I never had to wonder about my case because they made sure I was aware what stage my case was in and what were the next steps .Jennifer Langlois was amazing in answering all my questions not once did I feel as if bothering. It was always a pleasure speaking to her. A big thank you to the whole team!
Micah Byrd
I’m certainly grateful for the Kogan & DiSalvo firm for their dedication for the pursuit of my case. I pray that I do not have to have another case again, yet if I do or anyone else I know does, I certainly would refer them to contact Kogan and DiSalvo. Thank you all for the pleasant, straightforward and seamless process!
dunkemcclendon
They are dedicated and helpful
ashley noel
The was very professional and willing to work with you and make show you get what you deserve.
Loren Careri
We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.
kathleen guch
I’m very grateful to Kogan & DiSalvo Personal Injury Lawyers for the work they put into my case especially Samantha, the paralegal. She was a key part of the process from start to finish. Samantha made everything clear and straightforward, always taking the time to explain things and keeping everything on track. Her experience and efficiency really stood out. I’m thankful she was part of the team and truly appreciate everything she did.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
Gary Jenkins
My car was rear ended on I95 in Virginia in a multi vehicle accident. My car was totaled and I had injuries that worsened days after.
Samantha, from Kogan and DiSalvo, was my point representative. They helped me arrange my medical treatment so I could recover while they took care of the paperwork. They dealt with the insurance companies, and the out of state police and witness reports.
After treatment I’m back to normal. Kogan and DiSalvo took the headache out of dealing with all involved parties.
I highly recommend them.
Elana Hansen
I had the pleasure of working with Kogan & DiSalvo Personal Injury Law Firm. Upon retention, their team was incredibly professional, compassionate, and dedicated to my case. Tiffany, accompanied by her legal assistant Maria, and paralegal Michelle, offered me personalized attention. From the beginning, their priority was to build a rapport , acknowledging the unique circumstances of my case, and further strengthened my confidence in their capabilities. The time taken to listen to my concerns and ensure I understood every step of the process only echoed the principles and foundation on which this firm has been built. Their expertise in personal injury law is evident, and they fought tirelessly to secure the compensation I deserved. Thanks to their hard work and consistent communication, I felt supported throughout the entire ordeal. If you’re looking for a law firm that truly cares about its clients and delivers results, look no further than Kogan & DiSalvo.
carol Cedeno
Samantha,
Was truly a blessing from the moment we met we connected she walked us through everything she took care of all over her needs always answered our calls made everything so simple her professionalism was wonderful
Nalson Samedifede
Great law firm to fight for you when you feel like you’re not gonna win, but they tell you that we’re going to win this case no matter what
Brenda Gibbons
My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.
Brianna Cataudella
Great experience
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 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!
Jennie Roberts
Dan & Lauren were amazing to work with! Very efficient and always there to answer any questions. Thanks for everything
Auggie Azevedo
Great people that work
for you
Itz Ryan
they handled my case very well, and i’m happy with the outcome!
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