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Florida Nursing Home Lawsuit

Understanding Florida Nursing Home Abuse Lawsuits

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When abuse or neglect in a nursing facility leads to harm or a tragic loss, many families seek justice through Florida nursing home lawsuits. Taking legal action can mean compensation for medical treatment, relocation costs, funeral expenses, and more. Experienced Florida nursing home attorneys can hold negligent facilities accountable, making the legal process as stress-free as possible for families. Don’t wait to take action.

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Understanding Florida Nursing Home Abuse Lawsuits

A Florida nursing home lawsuit is a legal claim filed against nursing homes, assisted living facilities, and other long-term care facilities. Staff members and nursing home administrators who fail to provide the required care to their residents may also be sued.

These lawsuits play an essential role in addressing all forms of nursing home abuse that residents might suffer, including neglect, physical abuse, sexual assault, and more.

Families trust nursing facilities to provide quality care and keep their loved ones safe. When this doesn’t happen, it can cause devastation.

By filing a Florida nursing home lawsuit, you can seek the justice and compensation your family deserves.

 

On average, nursing home lawsuits are worth about $400,000 when severe abuse or neglect occurs. However, some families have received multi-million dollar payouts through Florida nursing home lawsuits.

A skilled Florida nursing home abuse lawyer can handle the entire legal process for you, allowing you to take the time you need to care for your loved one.

Did You Know

In 2023, a Gainesville jury awarded $2.3 million to the family of a Parklands Care Center resident for stage 4 bedsores.

The Nursing Home Abuse Center works with top law firms across the nation. Together, they have recovered over $280 million for nursing home abuse and neglect.

Find out if they can help you, too. Get a free case review right now.

Florida Nursing Home Lawsuit Case Values

Compensation is awarded in Florida nursing home lawsuits through settlements and trial verdicts. Most nursing home abuse and neglect lawsuits end in settlements, which allow families to access compensation without ever stepping foot inside a courtroom.

Money from these lawsuits is meant to provide victims with the financial aid needed to recover from the emotional and physical trauma they’ve endured.

Payouts vary and depend on the specifics of each case. However, some nursing home abuse lawsuits are worth over $1 million.

Here are reported Florida nursing home lawsuit case values:

  • $2.5 million to a mentally impaired stroke victim impregnated by a nurse assistant
  • $2.1 million to a 70-year-old for a stage 4 bedsore in an Auburndale facility
  • $1.8 million on behalf of a 61-year-old who developed fatal sepsis
  • $1.3 million for the family of a resident who wandered and died from exposure
  • $1.2 million on behalf of a dementia patient who died from infected bedsores
  • $900,000 for the widow of a nursing home resident who died from severe bedsores
  • $350,000 for a resident who suffered from broken bones that could have been prevented

The best way to determine the value of your Florida nursing home lawsuit is to get a free consultation from an experienced nursing home lawyer.

Start the process right now by calling us at (855) 264-6310 or Click to Live Chat.

Benefits of Filing a Florida Nursing Home Lawsuit

Filing a Florida nursing home lawsuit offers several key benefits. First, successful lawsuits ensure that justice is served by holding negligent facilities accountable for their actions.

This means that those responsible for inadequate care face the appropriate legal consequences.

Additional benefits of filing a Florida nursing home lawsuit include:

  • Advocating for improved safety and care standards in nursing homes across the state
  • Getting compensation for medical bills, relocation expenses, funerals, and other losses
  • Preventing similar abuse in the future by making an example of negligent facilities

Florida nursing home abuse lawsuits not only support victims and their families but also push for better standards of care in nursing homes.

By taking legal action, you contribute to improving safety and care for all residents.

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Types of Florida Nursing Home Lawsuits

The most common type of nursing home lawsuit is a personal injury claim filed in the civil court system. These lawsuits seek to hold nursing homes financially accountable for the harm they caused.

To file a Florida nursing home abuse lawsuit, your legal team must show that the nursing facility violated its duty of care, directly resulting in harm or other damages.

Situations that may lead to a Florida nursing home lawsuit include:

Remember, neglect is a form of abuse, so you may be able to sue a nursing home for negligence even if it seems that the harm was unintentional.

Nursing home abuse is never acceptable. Your loved one deserves justice, no matter what caused them harm.

Steps in Florida Nursing Home Lawsuits

Generally, Florida nursing home abuse lawsuits follow a set process allowing plaintiffs to seek justice and compensation. Knowing these steps can help families understand what to expect.

These are the typical steps involved in a Florida nursing home lawsuit:

  1. Free consultation: Top nursing home abuse law firms offer free legal case reviews to determine whether a claim may be valid.
  2. Collect evidence: Your legal team carefully evaluates the details to determine if the facility or staff may be responsible. They will gather medical records, bills, expert opinions, and other evidence to build a strong case on your behalf.
  3. File the Florida nursing home lawsuit: Your lawyer files the required paperwork with the proper court and within your case’s set deadlines.
  4. Settlement negotiations: Your nursing home abuse lawyer will work to secure the highest compensation amount without you having to go to court.
  5. Court trial: If a fair settlement isn’t reached, your lawyer will take your case to court to continue fighting for your family at trial.

If you are considering filing a Florida nursing home abuse lawsuit, a knowledgeable attorney can guide you through each step and help you get the best possible outcome for your family.

Hiring an experienced Florida nursing home lawyer allows you to focus on helping your loved one recover. Meanwhile, your legal team will work hard to get your family the financial support and justice you deserve.

Who Can File a Florida Nursing Home Lawsuit?

Victims of nursing home abuse may be able to file a Florida nursing home lawsuit if the facility they were in caused harm.

Additionally, family members may be able to take legal action if their loved one has tragically passed away or is too frail to act on their own behalf.

Generally, these parties may be able to file a nursing home lawsuit:

  1. Individual victims: If you personally experienced abuse or neglect in a nursing home or other care facility
  2. Family members: Spouses or other close relatives of a loved one who suffered from abuse or neglect
  3. Estate representatives: Executors or personal representatives if the abuse led to the victim’s death

To take action for nursing home abuse or neglect, working with an experienced personal injury attorney can help you navigate the process with as little stress as possible.

Don’t wait. Get started right now.

When Should I File a Florida Nursing Home Lawsuit?

You should file a Florida nursing home lawsuit right away for several important reasons.

First, laws called the statute of limitations place strict deadlines on filing lawsuits, and they vary by state. Typically, the statute of limitations for Florida nursing home abuse lawsuits is 2 years from when injury or death occurred.

Additionally, taking immediate action is beneficial because evidence can be gathered while it is still fresh. Witnesses usually have better recollection of events, and it is often easier to obtain physical evidence shortly after the incident occurs.

If you or a loved one was harmed due to neglect or abuse, consider filing a Florida nursing home lawsuit without delay.

Call us at (855) 264-6310 right now to get started.

Florida Elder Abuse Laws

Florida’s elder abuse laws protect older and disabled adults from abuse, neglect, and exploitation under Title XLVI, Chapter 825.

Abuse

Abuse includes intentional harm or actions likely to cause physical or psychological injury. Examples are physical harm, encouraging harmful acts, and isolating the person to cause injury or hide criminal activity. Abuse of an older or disabled person without severe harm is a third-degree felony.

Aggravated Abuse

Aggravated abuse involves severe harm like aggravated battery, torture, or malicious punishment. This is a first-degree felony.

Neglect

Neglect means failing to provide necessary care, like food, medicine, or protection from harm. Severe neglect causing significant harm is a second-degree felony, while neglect without severe harm is a third-degree felony.

Vulnerable Adults

The Adult Protective Services Act defines vulnerable adults as those over 18 who cannot care for themselves. In 2022, the Department of Children and Families (DCF) received over 30,000 reports of elder abuse, neglect, or exploitation of older adults.

Financial Exploitation Protections

Although a recent Florida bill (HB 515) was set aside, it aimed to protect older adults from financial abuse and scams by allowing banks to delay suspicious transactions and notify involved parties.

Florida Nursing Home Lawsuit Service Areas

The lawyers and law firms in our network can help families file Florida nursing home lawsuits across the state.

These are just some of our Florida nursing home lawsuit service areas:

  • Apalachicola
  • Arcadia
  • Blountstown
  • Bonifay
  • Bradenton
  • Bronson
  • Brooksville
  • Bushnell
  • Cape Coral
  • Chipley
  • Clearwater
  • Clewiston
  • Coconut Creek
  • Coral Springs
  • Crawfordville
  • Crestview
  • Cross City
  • Daytona Beach
  • DeFuniak Springs
  • Deerfield Beach
  • Delray Beach
  • Deltona
  • Fernandina Beach
  • Fort Lauderdale
  • Fort Myers
  • Gainesville
  • Green Cove Springs
  • Hialeah
  • Hollywood
  • Homestead
  • Inverness
  • Jacksonville
  • Jasper
  • Jupiter
  • Kissimmee
  • Lake Butler
  • Lake City
  • Lakeland
  • Largo
  • Madison
  • Macclenny
  • Marianna
  • Melbourne
  • Miami
  • Miami Beach
  • Milton
  • Monticello
  • Moore Haven
  • Naples
  • New Port Richey
  • North Miami
  • North Port
  • Ocala
  • Okeechobee
  • Orlando
  • Palm Bay
  • Palm Coast
  • Palatka
  • Panama City
  • Pembroke Pines
  • Pensacola
  • Perry
  • Plantation
  • Pompano Beach
  • Port Orange
  • Port St. Joe
  • Port St. Lucie
  • Punta Gorda
  • Quincy
  • Sanford
  • Sarasota
  • Sebring
  • St. Augustine
  • St. Petersburg
  • Starke
  • Stuart
  • Sunrise
  • Tallahassee
  • Tamarac
  • Tampa
  • Tavares
  • Trenton
  • Vero Beach
  • Wauchula
  • Wellington
  • West Palm Beach
  • Weston
  • Zipcodes:
    • 32043
    • 32052
    • 32054
    • 32055
    • 32063
    • 32066
    • 32091
    • 32114
    • 32137
    • 32177
    • 32301
    • 32320
    • 32321
    • 32327
    • 32340
    • 32344
    • 32347
    • 32351
    • 32401
    • 32424
    • 32425
    • 32428
    • 32433
    • 32446
    • 32456
    • 32501
    • 32536
    • 32570
    • 32601
    • 32621
    • 32628
    • 32693
    • 32771
    • 32778
    • 32801
    • 32901
    • 32960
    • 33101
    • 33301
    • 33401
    • 33440
    • 33471
    • 33513
    • 33602
    • 33701
    • 33801
    • 33870
    • 33873
    • 33901
    • 33950
    • 34102
    • 34205
    • 34236
    • 34266
    • 34450
    • 34470
    • 34601
    • 34652
    • 34952
    • 34972
    • 34994

Our legal partners can file Florida nursing home neglect lawsuits throughout the state. If your area is not listed, call the Nursing Home Abuse Center right now at (855) 264-6310 to see if we can help.

Get Help Filing a Florida Nursing Home Lawsuit

Filing a Florida nursing home abuse lawsuit can be as stress-free as possible with the right legal team behind you. Attorneys at top nursing home law firms are skilled at handling all of the legal work, so you won’t have added burdens at this difficult time.

Our experienced legal partners can help families in all 67 counties in the state. Together, they have helped recover over $280 million for nursing home abuse victims, including those in Florida.

Call the Nursing Home Abuse Center at (855) 264-6310 right now or get a free case review to see if you qualify to file a Florida nursing home lawsuit.

Florida Nursing Home Lawsuit FAQs

What is the average Florida nursing home lawsuit settlement?

Florida nursing home lawsuit settlements vary widely based on factors like the severity of harm, evidence presented, and legal representation. Settlement amounts can range from hundreds of thousands to millions of dollars.

Seeking advice from an experienced attorney knowledgeable in elder law and nursing home litigation is crucial. They can evaluate your case details and estimate potential compensation accurately.

Get a free case review right now to see if we can connect you with a top Florida nursing home lawyer.

How long do you have to sue a nursing home in Florida?

In Florida, you typically have 2 years from the date that the injury was discovered (or should have been discovered) to sue a nursing home for abuse or neglect.

Wrongful death cases typically must be filed within 2 years from the date of death.

However, these laws can be challenging to navigate, so it’s advisable to consult with an experienced Florida nursing home attorney to understand the specific time limits for your case.

How do I file a complaint against a nursing home in Florida?

To file a complaint against a regulated nursing home in Florida, you can call (888) 419-3456. You can file a complaint against a Florida nursing home anonymously. However, providing your contact information ensures you receive updates.

Once submitted, your complaint will be reviewed by the Agency for Health Care Administration (AHCA). If necessary, an inspection will be conducted, especially if there is an immediate danger. You will be notified in writing about the outcome and any actions taken.

Additionally, you can contact your local long-term care ombudsman to file a complaint.

Finally, you may be able to take legal action through a Florida nursing home lawsuit with the help of a skilled attorney. Call the Nursing Home Abuse Center right now at (855) 264-6310 to get started.

Who oversees Florida nursing homes?

The Agency for Health Care Administration (AHCA) oversees Florida nursing homes, ensuring they comply with state regulations and standards. AHCA conducts inspections, handles complaints, and enforces penalties to ensure the safety and well-being of residents.

What are examples of resident rights violations?

Examples of nursing home resident rights violations include:

  • Abuse: Physical, emotional, or sexual harm inflicted on residents
  • Financial exploitation: Unauthorized use of a resident’s funds or property
  • Improper restraint: Using physical or chemical restraints without proper justification or consent
  • Lack of privacy: Violating residents’ rights to privacy in their personal and medical affairs
  • Neglect of basic needs: Failure to provide necessary care, such as food, medication, or assistance with daily activities
  • Neglect of personal hygiene: Failing to assist residents with bathing, grooming, and other personal hygiene needs

These violations are monitored and addressed by the AHCA.

What is the new nursing home law in Florida?

A recent Florida nursing home law — signed by Governor Ron DeSantis — took effect on July 1, 2023. It allows certified nursing assistants (CNAs) to become trained as “qualified medication aides.”

These aides can administer routine medications, such as oral, topical, and inhaled prescriptions, under the supervision of a nurse, freeing up registered nurses to provide other needed care.

To qualify, CNAs must have at least one year of experience and complete specific training. This change aims to improve efficiency and care in nursing homes.

Nursing Home Abuse Support Team
Julie Rivers HeadshotReviewed by:Julie Rivers, MBA

Eldercare Advocate & Expert

  • Fact-Checked
  • Editor

Julie Rivers is an eldercare advocate with over 15 years of dedicated service to victims of nursing home abuse and neglect. Her journey in this field became deeply personal when she assumed the role of an unpaid caregiver during her mother’s battle with Alzheimer’s disease.

The Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect.

  1. Elder Affairs Florida. (n.d.). Elder protection programs. Retrieved May 31, 2024, from https://elderaffairs.org/programs-services/elder-protection-programs/
  2. Elder Affairs Florida. (n.d.). Florida elder law. Retrieved May 31, 2024, from https://elderaffairs.org/
  3. Florida Administrative Code. (n.d.). Retrieved May 31, 2024, from https://www.flrules.org/gateway/result.asp
  4. Florida Agency for Health Care Administration. (n.d.). Filing a complaint. Retrieved May 31, 2024, from https://ahca.myflorida.com/contact-ahca/filing-a-complaint#:~:text=To%20file%20your%20complaint%2C%20call,name%2C%20address%20and%20telephone%20number
  5. Florida House of Representatives. (2024, March 5). CS/CS/HB 515 – Protection of specified adults. Retrieved May 31, 2024, from https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=79111
  6. The Florida Legislature. (2024, May 21). The 2023 Florida statutes (including Special Session C). Retrieved May 31, 2024, from http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/Sections/0400.0233.html
  7. Gainesville Sun. (2023, August 22). Alachua County jury awards widow $2.3M in Gainesville. Retrieved May 31, 2024, from https://www.gainesville.com/story/news/2023/08/22/parklands-care-center-in-gainesville-found-negligent-in-patient-death/70636457007/
  8. Mayer, R. (2023, June 19). DeSantis signs measure allowing CNAs to become qualified med aides at nursing homes. Retrieved May 31, 2024, from https://health.wusf.usf.edu/health-news-florida/2023-06-19/desantis-signs-measure-allowing-cnas-to-become-qualified-med-aides-at-nursing-homes