Assisted living facilities are often preferable over nursing homes since they allow seniors to have some independence. Unfortunately, these facilities, just like nursing homes, can produce significant abuse and neglect. Staff members have the potential to take advantage of residents in these facilities in multiple ways.

Abuse can often cause severe emotional scars and undue medical expenses. If you or a family member are a victim of abuse, a Florida assisted living abuse lawyer could help you seek compensation for the damages you incurred. For help filing a civil claim, schedule a consultation with a seasoned nursing home abuse attorney.

Potential Defendants in an Assisted Living Abuse Case

It is not unusual for civil cases to have more than one defendant. An assisted living abuse lawyer in Florida could study a potential plaintiff’s situation and research the facts to determine who should be named as defendants in their case. Commonly, the defendants may be one or more of the following:

  • Nurses or nursing assistants
  • Ancillary staff members
  • The assisted living facility or the owners of the assisted living facility
  • Other parties who suspected the abuse but did not report it

While the assisted living facility or other parties may not be directly involved in the abuse, they could still be held liable if a staff member abuses one of their residents.

Elements of a Florida Assisted Living Abuse Lawsuit

A Florida assisted living abuse attorney may focus on liability and damages in an injury claim. An attorney may need to show the court that the defendant(s) had a duty to the plaintiff and that duty was breached. If this can be proven, the defendant could be held liable to the plaintiff.

An experienced attorney should also prove that the plaintiff suffered from injuries and damages of which the defendant’s breach of duty is the proximate cause. This causative link is one of essential elements of a civil case. Without connecting the plaintiff’s damages to the wrongdoing of the defendant, the plaintiff may not receive compensation for their damages.

Defendant Liability and Comparative Fault in Florida

When an attorney names multiple defendants in a lawsuit, the responsibility falls to the court to determine if each one has liability for what happened to cause the plaintiff’s damages. The defendants with liability would each be assigned a percentage of fault and be responsible for paying their portion of the plaintiff’s damages based on that percentage, under Florida Statutes §768.81. The plaintiff’s damages could include medical expenses, emotional and physical pain and suffering, or even property damage.

Call a Florida Assisted Living Abuse Attorney Today

It can be difficult for abused individuals to come forward and pursue justice. However, they are typically not able to receive compensation for their damages or help prevent future abuse of other assisted living residents without professional legal assistance. A compassionate Florida assisted living abuse lawyer could help you through this process and work with you to pursue the compensation you deserve for all you or your loved one have suffered.

You do not have to suffer alone or in silence anymore. Work with a compassionate attorney today for help with gathering the essential facts of your case and determine what needs to be done to move forward. Schedule a case consultation by calling today.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260