Too often, seniors living in Florida assisted living facilities suffer abuse at the hands of the very people entrusted with their care. If you or a loved one were hurt at an assisted living facility, you can sue them for your losses. With decades of experience, our Florida assisted living abuse attorneys will fight to help you get full compensation for your injuries through a personal injury lawsuit.
People are living longer today than they have at any point in the past. While this is a good thing, it also means that many seniors need a greater level of care during their golden years than their family and friends can provide. In this situation, many older adults turn to assisted living facilities, which provide both caregiving and some independence.
Distasio Law Firm has more experience handling Florida Assisted Living Facility abuse and neglect cases than most all personal injury law firms in Florida. In fact, Scott Distasio, our founder, has been handling assisted living facility cases since the early 1990s. He is also a board certified civil trial lawyer.
At Distasio Law Firm, we aggressively advocate for the rights of victims of assisted living facility abuse and neglect in the greater Florida area. Our goal in each case is to hold the facility and all perpetrators of the abuse accountable. To learn more or to schedule a free consultation with a Florida personal injury lawyer, contact our law offices today.
Can I File a Lawsuit for Assisted Living Abuse?
Residents of assisted living facilities don’t just have the right to be taken care of properly. They also have the right to be free from abuse. Unfortunately, too many seniors suffer abuse and neglect while living at these facilities.
Most personal injury cases are based on negligent or careless behavior. Assisted living abuse cases are different because they are based on intentional or reckless conduct. This isn’t simply a matter of making sure that walkways are clear or that a resident has help getting bathed and dressed. It is often purposeful and even malicious conduct that is designed to hurt an elderly person.
If you – or your loved one – have suffered physical abuse, mental abuse, sexual abuse, or another form of abuse while residing in an assisted living facility, you can and should file a lawsuit. With our law firm’s help, you can recover money for your injuries – and hold the assisted living facility accountable for allowing the abuse to happen in the first place.
Distasio Law Firm takes an aggressive approach to assisted living abuse cases. We strongly believe that our seniors should be safe when in these facilities. We work hard to help our clients get maximum compensation in assisted living abuse lawsuits.
Our cases start with a free initial compensation. This gives you an opportunity to share your story. We will then offer you legal advice on your rights and options for seeking justice against the assisted living abuse facility.
Our Florida assisted living abuse lawyers have handled these cases for decades. Over this time, we have recovered a substantial amount of money for our clients. We build cases that are designed to win. Typical steps in the process include:
- Requesting and analyzing any police reports;
- Helping you file a police report if you haven’t already done so;
- Assisting you with filing a report with the Florida Agency for Health Care Administration if you haven’t done so;
- Reviewing your medical records;
- Interviewing witnesses, such as other residents and employees;
- Researching the history of the facility (i.e., any prior violations);
- Requesting and reviewing facility documentation, such as hiring practices and training manuals; and
- Research Florida law to bolster your legal case.
In each case, our goal is to build an unassailable claim so that our clients will get a top dollar settlement. This money can be used to pay for medical expenses, to move to a new facility, and to compensate you for the pain, suffering, and emotional trauma that you have experienced.
Lawsuits against assisted living facilities are governed by the Florida Assisted Living Facilities Act. There is a specific procedure that must be followed in order to bring a claim against an assisted living facility. Our experienced Florida assisted living abuse lawyers will attempt to negotiate a settlement with the facility and their insurance company – and will take the matter to court if necessary to get you fair compensation for your losses.
Our founder, Scott Distasio, is a board-certified trial attorney. He has the experience and know-how to take cases to trial and hold assisted living facilities and their insurers accountable. He won’t rest until you get the money that you deserve for your losses.
Compensation in Assisted Living Abuse Cases
If you have suffered any type of abuse at an assisted living facility, you may be able to recover financial compensation. Most personal injury claims are resolved outside of the courtroom, often through a settlement. However, it may be necessary to take a case to trial to get the compensation that you deserve. Our attorneys will use their negotiation skills to help you get a fair settlement – but won’t hesitate to go to court to get you maximum compensation.
Elderly residents of assisted living facilities may suffer all types of injuries in assisted living abuse cases. This can include everything from physical injuries like broken bones to emotional trauma from sexual and/or psychological abuse. Our goal in each case is to ensure that you get every dollar that you are entitled to under the law.
In an assisted living abuse claim, you may be entitled to 3 types of compensation, known as damages. This may include:
- Economic damages: these damages pay for direct financial losses, such as medical bills, the cost of increased care due to your abuse, future medical treatment, and lost wages if you were working when the abuse happened and missed work as a result.
- Non-economic damages: these damages compensate you for indirect losses. Examples include pain and suffering, loss of enjoyment of life, disability, scarring, disfigurement, and emotional distress.
- Punitive damages: in cases involving intentional or reckless behavior – such as abuse claims – you can seek punitive damages, which are designed to punish a wrongdoer.
Insurance companies often try to downplay non-economic damages like loss of enjoyment of life. However, these damages are even more important in assisted living abuse claims. Even if your physical injuries are minimal, the emotional distress that you feel can be devastating. Our lawyers understand that our clients often experience symptoms like depression and anxiety after being abused – which is why we work hard to get them the money that they deserve for ALL of their losses.
If a loved one dies as a result of assisted living abuse, you may file a wrongful death claim against them. Through a wrongful death action, you can recover money for economic damages like funeral and burial expenses as well as for your own pain and suffering, loss of companionship, and other losses. You may also be able to file a survival action if your loved one suffered from the abuse before they passed away. Our law firm knows that losing a family member in this way can be particularly challenging, which is why we aggressively advocate for your right to maximum compensation.
Assisted living facilities and their insurance companies are often unwilling to pay you the full value of your claim. Their goal is to protect their bottom line by paying out as little as possible. We will fight to get you a fair settlement and will take your case to trial if the insurance company won’t offer you a fair settlement.
Of course, suing an assisted living facility isn’t just about money. It is often the best way to get actual justice – and to force the facility to change. The reality is that while the state of Florida might investigate and fine the facility for abuse, these fines are usually fairly small. Even if the employee who abused you was charged with a crime, it might not be enough to change a bad culture at the facility.
Elderly residents of assisted living facilities are vulnerable to abuse and neglect. Filing a lawsuit can help you stand up for yourself and potentially protect others from the same kind of abuse. Too often, this abuse happens because the facility has poor practices in place – like hiring people without doing background checks, improperly training people, and simply not providing enough supervision.
A lawsuit won’t make up for the harm that you have suffered. However, it can be a way to make a real change. The money that you recover can also help you get to a better, safer facility where you can live free from abuse.
Our law firm handles all personal injury claims on a contingency fee basis. This means that you will pay nothing out of pocket for us to represent you. If you recover money through a settlement or verdict at trial, a percentage of that recovery will pay an attorney’s fee.
This type of fee agreement aligns our interests – we both want to resolve the case for as much money as possible and as quickly as possible. It also ensures that everyone – even seniors living on a fixed income – can afford to hire an attorney. The assisted living facility will have its own team of lawyers, so it just makes sense to level the playing field with your own legal representation.
Types and Signs of Assisted Living Abuse
Elder abuse is incredibly common in the United States, with an estimated 1 in 10 people older adults experiencing some form of abuse – often at the hands of caregivers. This abuse can occur in almost any setting, whether an elderly person is living at home – or in a senior living facility.
There are 5 types of elder abuse, any of which may occur in an assisted living facility. They include:
- Physical abuse, which includes the infliction of physical pain and/or injury (such as pinching, hitting, pushing, or kicking)
- Sexual abuse, which is any type of sexual activity with an older adult who is unable to consent or did not consent to it.
- Neglect, which can be either passive or intentional, involves failing to provide basic necessities when it comes to food, water, medications, cleanliness, and medical care.
- Emotional abuse, which involves threats, intimidation, and verbal abuse.
- Financial abuse, which may include taking or withholding finances or property without consent.
For example, an employee at an assisted living facility may call a resident names or pinch them when helping them get dressed or bathe themselves. They may also help themselves to cash that they find in their wallet or take some of their property when they are in their room.
Older adults are often more vulnerable to abuse, particularly when they are dependent on another person for their care. They may also face barriers to seeking help because they may be scared to report the person who provides their daily care – or may have difficulty contacting anyone. In some cases, memory and/or speech problems may make it difficult for them to communicate what is happening.
For this reason, it is important to understand the signs of elder abuse. They include:
- Unexplained injuries, including bruises, scars, or burns
- Depression
- Anxiety
- Changes in mood and behavior, such as withdrawing from social activities or not enjoying things that they previously liked to do
- Being diagnosed with preventable health problems like bedsores
- Poor hygiene and/or a dirty living area
- Changes in banking or spending patterns
If your loved one is living in a Florida assisted living facility and you notice any of these signs of abuse, you should talk to them about what is happening and the care that they are receiving. If you suspect abuse, you can report the facility to the authorities. You should also reach out to a Florida assisted living abuse attorney to evaluate your options for pursuing legal action.
In Florida, residents of assisted living facilities have certain rights under the law. This includes the right to:
- Be free from all types of abuse
- Be free from neglect
- Be treated with courtesy, dignity, and respect
- Enjoy private communication with both medical providers and family members
- Manage their own financial affairs if competent to do so.
Any kind of assisted living abuse violates these very basic rights. If you or a family member has experienced physical, sexual, or psychological abuse while residing at an assisted living facility, we can help. We will fight to get you a top dollar settlement – or take your case to trial to get you the money that you are entitled to under Florida law.
Don’t Wait – Call Our Lawyers For Help Today
Abuse in assisted living facilities often happens because the corporate owners put profits over people. They may skimp on training, understaff their facilities, or simply fail to appropriately supervise their employees. While a lawsuit won’t make you whole again, it can help you get justice – along with financial compensation for your injuries.
The Distasio Law Firm advocates for people throughout the greater Florida area who have been hurt through the negligent, reckless, or intentional conduct of others – including assisted living abuse. Our founder Scott Distasio has decades of experience taking on big corporations and winning assisted living facility abuse claims for his clients. We offer free initial consultations for all personal injury cases and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Florida assisted living abuse attorney, give us a call at 813-285-5126 or fill out our online contact form.
