Miami Nursing Home Abuse Lawyer
If your loved one suffered injuries due to nursing home abuse or neglect, you may be entitled to seek compensation for the resulting damages. You may have grounds to pursue a settlement for their medical treatment, pain and suffering, emotional trauma, and other recoverable damages.
How to Pursue a Miami Nursing Home Abuse Claim
The favorable climate and lifestyle of Miami attract many older adults to the area. As their health deteriorates with advanced age, they move to nursing homes and residential care centers. When unscrupulous people prey on nursing home residents, the victims have the right to pursue compensation for the resulting damages.
You may have a valid claim against potential perpetrators of nursing home abuse such as:
- Nursing home employees
- Nursing home or residential care facilities
In Florida, nursing homes must provide residents with basic needs such as a safe environment and a reasonable standard of care. If any party breaches this obligation and your loved one sustains injuries as a result, you have the right to pursue a legal claim.
Seniors cannot always report abuse themselves, and sometimes they are too fearful to report it. Friends and family members must remain vigilant and watch for potential indications such as:
- Unexplained injuries
- Sudden changes in personality
- Fear or anxiety
- Withdrawal or isolation
In Miami, a nursing home lawyer can help. A legal team can investigate the abuse, identify the party or parties at fault, and document the case to prove liability. In most cases, a lawyer will negotiate a settlement through the at-fault party’s insurance company, so that you do not have to go to court.
A lawyer will protect your legal rights and fight to recover financial compensation for all physical, emotional, and economic damages.
How a Miami Nursing Home Abuse Lawyer Can Help You
A nursing home abuse lawyer will be your family’s advocate, fighting for the victim’s rights and holding the negligent party responsible for their actions. Your legal team will help you navigate this complex area of the law and handle all the details of your case, leaving you free to focus on your loved one and their well-being.
Your legal team will provide comprehensive services that include:
Investigating your case – your legal team will investigate the abuse or neglect and document all aspects of the case entirely. They will determine who had fault and prove liability for all economic and non-economic damages.
Calculating the value of your claim – your lawyer and legal team will identify all recoverable damages and thoroughly document them to help you recover the compensation your loved one deserves. You may be entitled to compensation for damages that include:
- The victim’s medical treatment and care
- Relocation expenses
- Emotional trauma
- Pain and suffering
- Financial and personal property losses
- Diminished quality of life
If your loved one succumbed to their injuries, your nursing home abuse lawyer can help you pursue legal action for wrongful death.
Negotiating to obtain a fair settlement – your lawyer will negotiate with the at-fault party’s insurance company to obtain an equitable settlement offer. If the insurance company does not negotiate a fair settlement, though, your lawyer will discuss the possibility of filing a lawsuit to recover damages.
Identifying Nursing Home Abuse & Neglect
Nursing home abuse and neglect may be perpetuated by any party who owed a duty of care to the victim, including doctors, nurses, and other treatment professionals. Nursing home neglect or abuse typically takes one of the following forms:
Medical neglect occurs when the victim does not receive reasonable and necessary treatment which may include untreated illnesses or injuries, missed medication, incorrect medication or dosages, etc.
Primary Needs Neglect
Primary needs neglect occurs when the victim does not have her fundamental needs met which includes not having sufficient food and water, not having a safe environment, not having clean clothes or bedding, etc.
Physical abuse occurs when another party causes bodily harm to the victim or restrains her against her will.
Emotional abuse occurs when another party threatens, intimidates, verbally harasses, criticizes, or coerces the victim, or uses other types of psychological manipulation.
Financial abuse occurs when another party steals or misuses the victim’s financial assets or personal property, such as stealing cash, jewelry, or credit cards, stealing their identity, etc. Overcharging for services and charging for services not rendered also constitute financial abuse.
Nursing home sexual abuse occurs when another party initiates nonconsensual sexual contact with the victim which includes rape, sexual battery, assault, etc.
Nursing home facilities can also have liability, either directly or if they failed to protect the victim from another resident, visitor, or anyone else who perpetuated abuse. Although some types of abuse and neglect are apparent, many types go undetected. Family members must remain vigilant and question any unexplained injuries or changes in the victim’s personality or behavior patterns.
You must report any suspected abuse or neglect to the proper authorities and the facility’s administrator. To avoid potential liability, though, the facility or its insurance company may attempt to coerce the victim into signing a liability release. They may even offer the victim’s family a token settlement in exchange for signing a waiver.
Before you give a statement, accept a settlement, or sign any documents, consult a nursing home abuse lawyer to ensure you do not sign away your right to pursue legal action and recover compensation for the victim’s damages.
Free Miami Nursing Home Abuse Case Review
You have a limited time to file a claim or legal action for Miami nursing home abuse. Contact a personal injury lawyer as soon as possible to preserve your right to pursue legal action and recover compensation.
For help understanding the victim’s right and what options you have for pursuing a legal claim, call 1-800-516-4783 now for a complimentary consultation and case review.