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A nursing home abuse lawyer in Fort Myers Beach protects the rights of some of the most vulnerable members of our society. From filing a case to collecting evidence of negligence to negotiating settlements and pursuing compensation in court, Viles & Beckman work to get the injured person and their family the justice they need and deserve.
The Rights of Florida Nursing Home Residents
The state of Florida has a long list of the rights of nursing home residents, the full extent of which can be found within Florida Statutes § 400.022. Among the rights of residents are:
- The right to be treated with dignity
- The right to express personal religious and civil liberties
- The right to refuse medications and medical treatments
- The right to be free from sexual, financial, or physical abuse
In short, residents should be afforded bodily autonomy, the right to decide on their treatments, freedom to engage in beloved activities and social gatherings, and similar rights.
When nursing homes trample on these rights, they risk the ire of the court. When rights are violated, the victim can seek compensation from the nursing home and, in some cases, the specific caregiver who abused them.
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Important Laws Surrounding Nursing Home Abuse in Fort Myers Beach
There are many complexities within our justice system, and it’s important that you seek help from an experienced Fort Myers Beach nursing home abuse attorney before taking action on your claim. They can help you understand Florida elder abuse laws, navigate the difficulties of the legal system, and ensure that your loved one’s right to compensation is retained.
Statute of Limitations
The general statute of limitations for personal injury claims, including nursing home abuse claims in Fort Myers Beach, is set by Florida Statutes § 95.11 at four years from the date of the initial injury.
This means that your nursing home abuse attorney must file your claim within four years of the initial incident. Otherwise, you risk losing the right to pursue compensation in court at all.
However, there could be additional factors that require stricter deadlines. You may need to send notification to the nursing home about your intent to sue well before the four-year mark. Speak with a lawyer as soon as possible to ensure that your right to pursue compensation is preserved.
The Value of a Nursing Home Abuse Claim
The value of your case is a measure of how much compensation you are legally owed—not the importance of your claim. Any instance of abuse is valid and important, and it should be met with the full force of the law.
When determining your compensation, your nursing home abuse attorney will look at all the ways in which you or your loved one was negatively affected by the incident(s). These are broken down into economic and non-economic harms
Economic harms include examples like:
- Lost income due to caring for a victimized family member
- Medical bills or expenses incurred due to the abuse
- Any accessibility modifications required as a result of disabilities due to the abuse
Non-economic harms include examples like:
- Physical pain suffered by the victim
- Mental and emotional suffering/anguish
- Loss of enjoyment in life
There are limits or caps on the amount of compensation you can get for non-economic damages, found in Florida Statutes § 766.118. The best way to determine how much you or your loved one is owed is to consult with an experienced Florida personal injury lawyer.
Proving Medical Negligence
Nursing home abuse that stems from improper medical care can be a form of medical malpractice claim. In order to prove medical negligence, your nursing home abuse lawyer in Fort Myers Beach will need to show the following elements:
- The victim of the abuse was owed a standard of care
- The nursing home or its caregivers violated this standard of care
- The violation or breach of this standard led to significant damages (injuries such as bedsores, financial harm, emotional or mental harm due to sexual abuse, etc.)
To do this, your attorney likely will seek to bring in an expert witness. Usually, this is a physician or medical caregiver with experience in nursing homes. The expert can provide testimony about the ways reasonable caregivers should act in similar situations and show how the caregivers in your case did not act in such a way.
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Get a FREE Consultation With Highly Experienced Nursing Home Abuse Lawyers in Fort Myers Beach
The Fort Myers Beach nursing home abuse attorneys at Viles & Beckman have more than 40 years of experience protecting the rights of elderly residents. We provide all clients with a FREE consultation to determine the details of your claim and discuss how we can help you.
Additionally, our lawyers work on a contingency basis. This means you do not pay us a dime until we win you the compensation package you deserve. Get in touch today through the form on our contact page or call to schedule your free appointment.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
