There comes a point in many people’s lives when they are simply not capable of living on their own. While you may not need a high level of care, you may choose to move to an assisted living facility. These facilities allow for a higher degree of independence while still providing needed support.
Unfortunately, residents of assisted living facilities can and do get injured – and they may even have their basic needs neglected. If you were hurt at an assisted living facility because of negligence or neglect, you can file a lawsuit against the facility and any other responsible parties. An experienced Florida assisted living abuse lawyer can help you determine your rights and get the compensation that you deserve for your injuries.
Distasio Law Firm advocates for people throughout the Tampa area who have been injured in all types of accidents – including individuals who have been injured at assisted living facilities. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today to schedule an appointment with a Florida assisting living injury attorney.
Filing a Lawsuit for Assisted Living Facility Injuries and Neglect
Assisted living injury claims are a type of personal injury lawsuit. They are usually based on a theory of negligence or carelessness. Negligence is the failure to use the level of care that a reasonable person would use in a similar situation.
At an assisted living facility, both the staff and the facility itself are held to a higher level of care because they are responsible for the care and safety of residents. Florida courts have found that assisted living facilities owe a special duty to residents. If you can demonstrate that the assisted living facility or a particular employee was negligent in some way and that their negligence led to an injury, you can file a complaint against them.
For example, consider a situation where a resident of an assisted living facility needed help getting out of bed and getting dressed each day. No staff showed up at the usual time to assist her and they didn’t respond when she hit her button for help. The woman decided to get out of bed herself and when she did, she fell and broke her hip.
In this situation, because the assisted living facility had a special duty to help the resident with these tasks and failed to do so, they could be held responsible for her injuries. The woman could file a personal injury claim against them to recover compensation for her losses.
If you are hurt due to negligence or neglect in a Florida assisted living facility, you may be entitled to financial compensation for your losses. This may include money for:
- Medical bills for all treatment related to the injury, including any treatment needed to fully recover from the accident, illness, or injury
- Future medical care
- Lost wages, if you were still working at the time of the injury and your ability to work was affected by it
- Reduced earning capacity if you were working but won’t be able to do so in the same way because of your injury
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring
- Disfigurement
- Disability
If an assisted living resident died as a result of an injury or from neglect, then their loved ones may be able to pursue a wrongful death claim against the facility. Through this type of personal injury lawsuit, they can seek money for funeral and burial expenses, medical expenses, mental pain and suffering, loss of companionship, loss of support and services, and loss of protection and guardianship.
Each case is different. The total value of your assisted living injury claim will be based on factors such as the severity of your injuries and whether there is any question about negligence. The best way to get maximum compensation for your injuries is by working with a Tampa personal injury law firm.
Most personal injury claims – including those involving assisted living facilities – are resolved outside of the courtroom. Our law firm works hard to help our clients get the money that they deserve while minimizing their stress. We will take on the legal battle for you and help you get justice for your injuries.
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What Proof Do You Need to File a Lawsuit?
In a personal injury case, the burden of proof is usually on the injured victim – the plaintiff – to demonstrate that the at-fault party (the defendant) caused their injuries. This means that you will need to gather evidence to demonstrate that the assisted living facility violated their duty to you or your loved one in some way.
The exact evidence will vary based on the injury involved. Depending on the case, evidence could include:
- Photos and videos of the accident scene that might show that there was a spill or a piece of loose carpeting that caused a fall
- Medical records to demonstrate that the plaintiff was injured and/or that they have an injury or illness related to neglect
- Witness statements that may prove that a resident was left unattended or that the facility failed to provide necessary services
- Daily logs that should be completed to show that certain tasks were taken care of, such as daily meals or assistance with other activities of daily living
- Documentation related to hiring, training, and/or supervision of employees
- Any history of violations committed by the facility in the state database
Your Florida assisted living injury attorney will investigate your claim to help develop a strong case for compensation. They will also work with experts who can provide their opinion on how the facility failed to meet the standard of care – and how that caused your injury. Throughout the process, they will work collaboratively with you to help you understand your rights and options for pursuing a claim.
Who Can File a Lawsuit for an Assisted Living Facility Injury?
In a typical personal injury claim, the plaintiff files a lawsuit for the losses that they suffered. This is possible in an assisted living facility case, as many residents of assisted living facilities are fully capable of filing a lawsuit on their own behalf. However, if your loved one lacks capacity, then it may be necessary to file a lawsuit on their behalf.
This can happen in a few different ways. Many older people who lack capacity – often because of a condition like dementia – have a legal guardian. A guardian may be appointed by a court when an incapacitated person is not capable of making decisions for themselves. If you are the guardian of a family member who was hurt at an assisted living facility, then you can file a lawsuit for them.
However, if your family member does not have a guardian in place, then you can file a lawsuit on their behalf as a “next friend” or guardian ad litem. A person can file a lawsuit as a next friend when neither a guardian or guardian ad litem has been appointed to act in their best interests. A court may also appoint a guardian ad litem to protect the incapacitated person’s best interests.
Filing a lawsuit on behalf of a person who lacks capacity to pursue a claim on their own behalf can be more complicated than a straightforward personal injury lawsuit. Our law firm has significant experience handling these types of claims. We can guide you through the process and help you achieve the best possible outcome.
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Situations that May Lead to Injuries at Assisted Living Facilities
As we get older, our health typically changes. We may become more frail, more prone to falls, or more forgetful. This can often result in accidents like slips and falls.
When they happen at assisted living facilities, they are sometimes simply a matter of bad luck. In other cases, they occur because the facility and its employees failed to provide the appropriate level of care to a resident.
This may happen in several different ways. As a law firm that represents older adults who have been hurt in senior living facilities, we commonly see the following types of injury cases:
- Neglect: people move into assisted living facilities because they need help with the activities of daily living, like getting dressed, getting out of bed safely, or preparing and feeding themselves nutritious meals. The employees of the facility are tasked with helping residents with these needs. If they fail to do so – such as by not helping a resident who needs assistance eating their meals or by not assisting a resident who can’t bathe themselves – it could lead to issues such as malnutrition, dehydration, or fall injuries.
- Lack of supervision: residents move into assisted living facilities because they need more attention than they could get living at home. Residents may fall or suffer other accidents if they are left unsupervised.
- Unsafe facility: as noted above, assisted living facilities should be clean and safe. This includes everything from making sure that there aren’t any spill hazards on the floor to installing handrails along walkways and in bathrooms. If the staff is aware of a potential hazard and fails to fix it and a resident is hurt, then they could be held liable for the injury.
- Failure to seek treatment: if a resident of an assisted living facility is sick or injured, then the staff is obligated to seek medical care for them. Failure to do so could lead to more serious issues, such as infection or a more advanced illness.
- Negligent hiring, training, or supervision: employees of assisted living facilities are in a position of trust, and responsible for providing for the basic needs of residents. If the facility doesn’t carefully vet employees before hiring them, does not adequately train them, and does not properly supervise them, it could result in injuries and neglect.
- Violating health and safety rules: assisted living facilities are regulated by the state. Because the residents are in a vulnerable position, they are required to comply with the rules and regulations that govern the industry – such as rules regarding the safe preparation of meals for residents. If they don’t follow these rules and a resident gets sick or hurt, they could be responsible for any injuries.
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When Should You Contact an Attorney?
If you or your loved one were hurt at an assisted living facility, you may be dealing with a lot – medical bills, doctor’s appointments, and perhaps finding a new place to live. In the midst of all of this, you might not have the bandwidth to deal with a lawsuit.
However, it is generally a good idea to contact a lawyer sooner rather than later if you were hurt in an accident or through neglect at an assisted living facility. The statute of limitations for personal injury claims in Florida is 2 years. This means that you have 2 years from the date of the accident or injury to file a lawsuit.
If you believe that you were hurt at an assisted living facility because of negligent or careless behavior, then your best option is to reach out to an experienced Florida personal injury attorney as soon as possible. A lawyer can help you evaluate your options and determine how to move forward with your claim. They will also protect your rights and ensure that you get the compensation that you deserve for your injuries.
Help for Victims of Assisted Living Negligence and Neglect
When you move a loved one into an assisted living facility, you do so with the expectation that they will get the care that they need. If the facility fails to provide the proper level of care, you may be able to file a lawsuit against them. Our law offices will help you get the compensation that you need to move forward with your life after experiencing assisted living negligence or neglect.
Distasio Law Firm represents people throughout the greater Tampa region who have been injured in all types of accidents – including those that happen at assisted living facilities due to negligence and/or neglect. We have experience handling cases involving senior citizens who suffered an injury while resident in assisted living. To learn more or to schedule a free initial consultation with a Florida assisted living injury lawyer, give us a call at 813-285-5126 or fill out our online contact form.
Call or text (813) 259 0022 or complete a Free Case Evaluation form