Aging Americans and their families seek nursing homes as places of care, respite, and protection. Residents are usually old, ill, or disabled and select these homes to help them with their medical conditions and other needs such as bathing, washing clothes, and meal preparation.
Unfortunately, abuse and neglect occur within the walls of many nursing homes in Florida and across the country. If someone you love is impacted by nursing home abuse or neglect, it may be time to contact an attorney who can help with settling a nursing home abuse case in Florida. Reach out to a dedicated nursing home abuse lawyer today and set up a consultation.
Nursing Home Residents Supported by Florida Law
As a way to provide justice for victims of nursing home abuse, Florida Statutes §400.023 gives nursing home residents or their family members the right to file a lawsuit. It explains that if nursing home abuse or neglect occurs, it is a violation of the rights of nursing home residents. Nursing home residents, or their family members on their behalf, may have legal recourse for the infringement of these rights.
The Ways a Nursing Home Abuse Case Could End
Nursing home lawsuits could have many different outcomes, and the most important factors that can affect results is the strength of the case and the qualifications of legal counsel.
Dismissing the Lawsuit
Nursing home abuse lawsuits may be dismissed by the plaintiff or by the judge. If the plaintiff no longer found a reason to pursue their claim or a judge found that the case was filed after the statute of limitations or did not have merit based on other reasons, the lawsuit could be dismissed.
Settling a Florida nursing home abuse case is a common way to resolve a legal claim, and attorneys for both the plaintiff and the defendant can negotiate a settlement at any point before the trial. In many cases, settling can help resolve the matter quickly and be less risky for both sides. Other benefits of settling include:
- Decreased litigation expenses for both sides
- The plaintiff and their family not going through a potentially emotional trial
- The defendants possibly preserving their reputation
If settling a nursing home abuse lawsuit in Florida is not successful, the case may proceed to trial in front of a judge or a jury. To deliver a verdict in favor of the plaintiff, an injury attorney must show that the defendants breached their duty of care and that the plaintiff sustained injuries and damages as a result of that breach of duty—otherwise known as showing proximate cause.
Get Help with Settling a Nursing Home Abuse Lawsuit in Florida
Nursing home abuse cases are often highly sensitive cases with large amounts of compensation at stake. You do not want to risk handling the case or even a settlement by yourself. Instead, you should seek the legal knowledge and experience of an attorney who has handled these cases before.
If you need assistance with settling a nursing home abuse case in Florida or any other portion of the legal process, an experienced attorney could work on your behalf and help you pursue compensation for you or your family member. However, the law only provides you with a set amount of time to act. With this in mind, be sure to schedule a consultation as soon as conveniently possible.