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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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Average rating: 4.9
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Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
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The personal care that this office gave me was impeccable and I couldn’t be more appreciative
David Delcid
(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹
(Original)
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Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
Brent Arnold
Jennifer was amazing throughout the whole process.
carol rodriguez
I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
James Pinto
Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
Scott Solomon
My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
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Juan
I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan
Dawn M.
Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
Titus Travis
Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!
david Riggsby
They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.
Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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