Whenever we make the difficult decision to send a loved one to a nursing home, we expect that they will receive compassionate and competent care. Unfortunately, it is not uncommon for abuse to happen in rest homes and assisted living facilities. This mistreatment can result from both intentional acts of cruelty on the part of staff members or from the level of care falling to the point of neglect.
Either way, residents and their families have the right to seek compensation whenever an individual suffers an injury because of the actions or inattentiveness of a facility. A Cocoa nursing home abuse lawyer can help hold those responsible civilly liable. Our compassionate personal injury attorneys have prior experience representing insurance companies and large corporations and can utilize this past inside knowledge to fight on your loved one’s behalf. Reach out today to learn more about your legal options.
Residents in skilled nursing facilities have rights enshrined in state law. All facilities must follow the protections given under Florida Statute § 400.022. These include, but are not limited to:
If staff or ownership violates any of these rights, the resident has the right to sue for damages.
Generally, our attorneys will argue that abuse resulted from a negligent lack of care. This means that the facility or employee did not mean for an injury to happen; nevertheless, due to their actions, harm did occur.
Other injuries are the result of deliberate abuse. Despite intensive training and vetting programs, abusive personalities slip through the hiring process at many facilities. With residents in nursing homes being at the mercy of their caregivers, unscrupulous staff members will frequently take advantage of them. Intentional abuse can result in a civil lawsuit and criminal prosecution. A dedicated Cocoa attorney is ready to thoroughly investigate the facts that led to a long-term care facility resident’s abuse or wrongful death.
Convalescent home maltreatment can affect every part of a resident’s life. The most obvious example is the physical injuries that may result from acts of violence or neglect. Broken bones, separated joints, bed sores, and concussions are all frequent consequences of failure on the part of facilities to protect their residents.
These events can also devastate the individual’s quality of life. It is easy to feel frightened or intimidated when under the care of an abuser. Our legal team will work to understand how the circumstances have affected every part of a resident’s life and demand that at-fault parties provide appropriate compensation to recover for both economic and non-economic forms of loss.
It is important to remember, however, that a person has a strict time limit to file a claim. This is known as the statute of limitations. Fla. Stat. § 95.11 requires that all legal action take place no later than four years after the time that the abuse occurred. A Cocoa assisted living facility abuse attorney can use their 30-plus years of experience representing individuals in similar situations to ensure the proper time limits are met and injured parties stand the best chance of a positive result.
Few people in our society are as vulnerable to abuse as nursing home residents. At Norden Leacox Accident & Injury Law, we are dedicated to protecting these individuals and pursuing compensation from facilities that prey on them.
Contact a Cocoa nursing home abuse lawyer today to learn how we can help you. Consultations are free, and we do not charge any fees unless we successfully recover payment on your behalf.