Wesley Chapel Nursing Home Abuse Lawyer

If you believe your loved one has been a victim of abuse or neglect in a nursing home, you may be eligible to recover substantial compensation on their behalf.

A Wesley Chapel nursing home abuse lawyer from Distasio Law Firm will go after the responsible party or parties and help you fight for the money you deserve. We want to put our experience and resources to work for you.

At Distasio Law Firm, we believe in putting the needs of our clients first. We never collect a fee until our clients recover money, and our lawyers prioritize honesty, communication, and transparency. You can contact our experienced injury attorneys for a free, no-obligation case evaluation now.

Filling a lawsuit for a case of abuse or neglect against a nursing home is the only to stop it from happening more in the future, so please contact our nursing home attorney today. Filling a lawsuit for a case of abuse or neglect against a nursing home is the only to stop it from happening more in the future.

Financial Compensation for Elder Abuse

If your loved one suffered abuse or neglect at a nursing home facility, your family could recover compensation for the physical, financial, and emotional harm this caused.

Our Wesley Chapel team of nursing home abuse lawyers at Distasio Law Firm can identify all of the damages your loved one and family have experienced and fight for financial recovery.

We are experienced in Florida nursing home abuse law and how the courts work here in Wesley Chapel, Florida. We can help you demand a settlement that may include money for the following and more:

• Your loved one’s medical expenses to treat injuries resulting from the abuse
• Pain and suffering
• Emotional distress
• Loss of your loved one’s companionship
• Funeral and burial expenses

The exact type and amount of damages in each case are unique, so our team will use the time and resources to properly document and assign value to them.

Recoverable Damages for Victims of Nursing Home Abuse

There are three main types of compensation that a victim of nursing home abuse or neglect may pursue with the help of a Wesley Chapel attorney:

Economic Damages

Economic damages refer to financial expenses incurred due to abuse or neglect, such as past and future medical care costs.

Non-Economic Damages

Non-economic damages refer to human losses such as:

• Physical pain and suffering
• Mental anguish
• Disfigurement
• Loss of enjoyment of life

In the case of wrongful death, non-economic damages could also include loss of companionship and the pain and suffering of surviving family members, such as a spouse or adult child.

Punitive Damages

In some cases, the court may award punitive damages if the high-level management of the facility was aware of wrongdoing and the employee’s conduct was particularly egregious. Proving punitive damages are appropriate is difficult, but if awarded, they can serve as a deterrent for future misconduct by the facility.

Can A Life Care Plan Impact Damages?

Developing a life care plan can significantly impact a damages award in a Wesley Chapel nursing home abuse case, though it is not a common practice.

In situations where the resident requires ongoing care due to abuse or neglect, our firm may recommend hiring a life care planner. These professionals are experts in identifying medical care needed in the future and associated costs over the remaining lifetime of the resident. The life care planner compiles this information into a report and provides testimony in court, which can be used to verify the future economic damages and significantly increase the case’s value.

Warning Signs of Abuse and Neglect in Long-Term Care Facilities

You should alert somebody the minute you believe your loved one is suffering from abuse or neglect in a nursing home. Many nursing home residents no longer have the capacity to speak up for themselves or, in some cases, even become aware of mistreatment. Those who do may be scared to speak up since they likely rely on the abuser for their basic daily needs WHO IS NOT GIVING THE STANDARD OF CARE REQUIRED.

As their loved one, you are their eyes and ears – it is better to voice your suspicions and be wrong than remain silent while your loved one suffers. Here are a few of the most common signs of nursing home abuse and neglect that you should be watching for when you visit your loved one:

• Unexplained bruises or other physical injuries
• Sudden and unexplained changes in personality or mood
• Fear of reticence around a specific caregiver
• Dirty clothes or bed sheets
• Unexplained changes in medication
• Malnutrition or dehydration
• Unexplained distancing from loved ones

Our team can begin investigating and building a civil case against the facility as soon as you contact us. Meanwhile, there are likely several other steps you will want to take in the days following the discovery of nursing home abuse:

• Get your family member medical care: Addressing any injuries or illnesses you are aware of and checking for others is crucial for ensuring your loved one’s health and safety.
• Report the abuse: You can report a facility in Wesley Chapel or elsewhere in Pasco County to the Florida Department of Children and Families (DCF)and the Florida Long-Term Care Ombudsman Program. Both can launch investigations into the care provided at your loved one’s nursing home.
• Relocate your family member: If you need help choosing a new nursing home or another care facility for your loved one, our firm has put together a complimentary eBook. You can download our free guide to picking the right nursing home to prevent this from happening again to your family.

If someone harmed your loved one during their stay at a nursing home, whether a staff member, visitor, or another resident, you have a right to take action. Our team of nursing home abuse and neglect lawyers in Wesley Chapel near you are here to help protect your family and fight for justice.

Statute of Limitations for Nursing Home Abuse Cases in Florida

If you or a loved one has been a victim of neglect or abuse in a nursing home in Florida, call Distasio Law Firm today for a free case evaluation.

If you or a loved one has been a victim of neglect or abuse and injured in a nursing home in Florida, call Distasio Law Firm today for a free case evaluation with our nursing home lawyers.

First and foremost, we want you to understand that the time to take civil legal action against a nursing home facility or other responsible party is limited. Florida law dictates a two-year statute of limitations on filing a lawsuit for nursing home abuse or neglect under Florida Statutes § 400.0236. Depending on the circumstances, this timeline generally begins on your loved one’s injury or the date you first recognized the abuse. The statute is different for a wrongful death action, so contact us right away.

A diligent Florida nursing home abuse lawyer on our team in Wesley Chapel can investigate the nursing home and health care providers for evidence of elder care abuse and determine if it is appropriate to take action. However, the filing window can be longer or shorter if extenuating circumstances apply to your case. You may want to consider contacting our law firm as soon as you suspect something is amiss with your loved one’s care.

If we need to, we can take steps to begin a lawsuit right away to make sure no critical deadlines expire in the case.

Our Wesley Chapel nursing home neglect lawyers will work with the insurance company to help expedite your personal injury claims so you can get back to living life normally again.

We are experienced in handling all types of nursing home abuse cases in Wesley Chapel; common types are:

• Nursing Home Neglect
• Medical Malpractice
• Wrongful Death
• Catastrophic Injuries
• Dangerous Conditions
• Dementia & Alzheimer’s Care
• Premises liability

In addition to providing legal representation, we also provide compassionate support services to those who have suffered at the hands of negligent caregivers.

What Our Home Home Abuse Lawyers Can Do for You

Distasio Law Firm fights for those who have suffered due to another’s negligence, including victims of nursing home abuse. When our firm represents you, we provide The Distasio Touch, which means we:

• Listen to what your loved one experienced with care and compassion
• Help you understand the rights of a nursing home resident and speak with you candidly about your legal options
• Put in the time and effort to investigate the case and collect all available evidence thoroughly
• Take overall communications with other parties
• Establish liability of the nursing home and other parties
• Construct a strong case with evidence of the damages
• File all necessary paperwork promptly with the insurance company to recoup monetary damages to ensure you receive fair compensation
• Fight for a financial recovery that addresses the harm your family has endured

Our team of dedicated Wesley Chapel elderly abuse attorneys are not afraid to take action against nursing home abuse in court when we believe it is the best option for your case. We will always be upfront about each development so that you can make informed, confident decisions. These are all reasons we want to be your personal injury lawyer for your nursing home neglect lawsuit.

Our personal injury attorneys have a long and successful track record of fighting for the rights of injured victims and their families, helping them recover compensation. This history of success includes cases related to negligence in Florida nursing homes. Here are a few examples of settlements we’ve won in cases against such facilities:

• $1.7 million for a family whose loved one passed away from choking after nursing home staff failed to prepare her food properly on three separate occasions
• $750,000 for a family whose loved one passed away after a lack of proper care from nursing home staff allowed him to develop severe gangrene, resulting in leg amputation and eventual death due to stress
• $225,000 for a woman who fell from her wheelchair and broke her femur, despite the family’s request that nursing home staff utilize a lap belt to prevent such falls

Since each case is different, our team will examine the specific facts around your loved one’s injuries to arrive at a fair settlement value before we demand compensation. We have many years of experience representing nursing home abuse and nursing home accident victims sorting through their legal issues and explaining the legal process. We want to ensure that we leave nothing off the table or undervalued when seeking justice and financial recovery for your family.

Our support staff is always available and eager to help with anything you need. This approach allows us to tailor our services in each case so our clients never feel uninformed or lost. Our efforts have earned us five-star reviews from multiple past clients:

• I felt at ease having them represent me. They have been understanding and compassionate, fought for me, and represented me with great integrity. You can’t ask for a better team of individuals that care so much about their clients and get the job done.” – Evelyn Santos.
• Everyone at Distasio Law is fantastic. There was never a time when I did not feel that they were working in my best interest or working hard.” – Amy Cook.
• They were extremely responsive and answered any questions I had, I never left their office or got off the phone with them without my questions answered, and my concerns were addressed! The firm even called me after completing my case to ask me how I was feeling! Couldn’t have asked for a better lawyer!” – Barbara McCloy

Our determined nursing home abuse lawyers are ready to deliver the same level of compassion, service, and support in your case against a negligent Wesley Chapel nursing home. You should not face financial hardship due to someone else’s harmful action or inaction involving your loved one’s care.

Types of Nursing Home Abuse

Nursing homes have unfortunate reputations as dingy, depressing places, and many people dread the day they need to place a loved one there due to their need for 24-hour care. In reality, most nursing homes provide excellent care, and their staff members are very attentive to the needs of their residents.

The law requires nursing homes to provide adequate food, water, clothing, shelter, medical care, and safety. They must protect residents from physical abuse, sexual assault, neglect, and financial exploitation. If they fail to meet these requirements, they could face fines, suspension of licenses, or closure.

It only takes a small percentage of facilities with problems to reflect poorly on the entire industry. Elder abuse and neglect, while statistically unlikely, is, without a doubt, a significant problem in Florida and all over the country.

There are many ways in which a nursing home resident might suffer abuse. A few of the most common are listed below.

The definition of physical abuse in the context of a nursing home extends well beyond hitting, kicking, punching, and other apparent acts of physical violence. Defective products or premises liability are other factors that need to be evaluated in nursing home personal injury accidents. This is why you need to have a skilled attorney to know what needs to be investigated in each case.

The most common types of nursing home abuse include neglect, physical abuse, sexual abuse, financial exploitation, and psychological abuse. Neglect occurs when staff fails to provide adequate care for residents. Physical abuse includes injuries caused by falls, malnutrition, dehydration, and bedsores. Sexual abuse involves inappropriate touching, fondling, or rape. Financial abuse happens when staff steals money from residents. Psychological abuse includes verbal threats, isolation, and emotional manipulation.

Whenever a caregiver uses more force than necessary to handle or restrain a nursing home resident, it could become physical abuse. This includes the unnecessary use of physical or chemical restraints on a resident.

Emotional abuse is another broad type of mistreatment and may include:

• Manipulation and intimidation
• Isolation from other residents or loved ones
• Humiliation, such as name-calling
• Emotional neglect

Sexual abuse does not have to involve physical contact. Although rape and molestation do occur in nursing facilities, sexual abuse may also include:

• Inappropriate comments or gestures of a sexual nature
• Subjecting a resident to pornography or other sexually charged material
• Unwanted jokes of a sexual nature

Nursing home residents have long lists of needs to which caregivers must attend. That is why residents are in nursing facilities in the first place – if they could feed themselves, bathe themselves, drive themselves to the store, and remember to take their medication at the right time, 24-hour care might not be necessary.

When a nursing home caregiver fails to meet every need of a resident, it constitutes neglect. This neglect may include failing to provide adequate food, not administering the medication on time, or even failing to give the resident enough attention.

How Long Can Nursing Home Abuse Trials Take in Wesley Chapel?

The duration of a nursing home abuse trial in Wesley Chapel can vary significantly. It can last for a few days or as long as three to four weeks, depending on numerous factors such as the:

• Complexity of the case
• Experience-level of the attorneys involved
• Number of witnesses required to prove the wrongdoing
• Amount of evidence necessary to demonstrate the victim’s damages

Trials Involving Multiple Plaintiffs or Defendants

The case becomes more complex when there are multiple plaintiffs or defendants in a nursing home abuse trial. In cases with multiple plaintiffs, the resident’s family members may also be entitled to damages, which requires additional evidence and witnesses.

In cases with multiple defendants, a capable lawyer must prove that each defendant was negligent and the damages each caused. This often results in the need for many more expert witnesses to testify about each defendant’s actions and how they caused harm. As a result, the trial may be extended and become more difficult for the jury to understand. A attorney like Scott Distasio can simplify the information and present it in a way that makes sense to those without a medical background.

Trial Process

The process begins well before the actual trial. First, the medical records need to be organized in a way that is easy for the lawyers and jury to review. Next, the attorneys must coordinate the order for witnesses to testify and ensure everyone shows up on the day of trial. If a witness is absent, their deposition may be read or a video of their testimony may be played for the jury.

The prosecution will present their witnesses first, followed by a cross-examination from the defense. The defense then presents their own witnesses, followed by another round of cross-examination. Finally, both sides give closing arguments summarizing why they should win based on the evidence presented.

Jury Trials vs. Bench Trials

Nursing home abuse trials in Wesley Chapel are typically jury trials, as both sides must agree for a bench trial. Plaintiffs usually prefer a jury trial because juries tend to award more damages than a judges.

However, nursing homes often include arbitration agreements in the documents signed by residents and family members upon admission, which can prevent cases from going to a jury trial. These agreements are often hidden, and families may not know they have waived their right to a jury trial. Instead, the case goes in front of an arbitrator, who is usually an experienced lawyer, but may award substantially less damages than a jury. As a result, most nursing home abuse and neglect cases end up in front of an arbitrator.

Jury Selection Process

The process of selecting a jury is a critical part of a Wesley Chapel nursing home abuse case. The judge gathers a group of individuals from the community, typically around 30 to 50 people, and places them in a large room. The plaintiff’s lawyer starts by asking questions to determine the potential jurors’ biases and life experiences to ensure they can make a fair decision. The defense lawyer follows suit with their own questions. Both sides can strike people they believe are too biased to render a fair ruling, and after this process, each side can strike three additional people. The remaining six individuals become the jury.

Not everyone is forthcoming with their biases, and some people might not even know they have them, which is why it is crucial to have a skilled legal professional on your side who knows how to ask the right questions. By selecting jurors who are open to hearing the evidence and deciding impartially, the trial can proceed in a just and fair manner.

Contact Our Wesley Chapel Nursing Home Abuse Attorneys Near You Today

Our experienced nursing home abuse lawyers from our Wesley Chapel office on Flat Iron Loop offers free consultations and are eager to work on your nursing home negligence or abuse case. If a long-term care facility, assisted living facility, or nursing home is responsible for the mistreatment or neglect of your loved one, a nearby Wesley Chapel nursing home abuse lawyer can act on your family’s behalf and seek compensation. We never collect a fee until we recover money for our clients, so there is no upfront cost to hiring our firm for support in reporting your nursing home issues for evaluation.

To learn more about the services at Distasio Law Firm and receive a free case evaluation, call today. You can reach us 24/7.