Nursing Home Abuse or Neglect in Jacksonville
Having to choose a nursing home or elder care for a loved one is a challenging decision facing millions of Americans and Floridians, and can become even more heart-breaking when your you or your family member has been injured through Nursing Home Abuse or Neglect.
Each year in the United States, an estimated 2.1 million seniors are the victims of some form of abuse, although this is only one fifth of the expected cases. These acts must be accounted for in a court of law.
Under Florida law, nursing home abuse or neglect can be basis for a personal injury suit against both the specific employees that harmed the person and the nursing home or care center itself under “vicarious liability.”
Jacksonville Florida attorney Brett Hastings has the experience and team to pursue compensation and prove liability for the injuries and loss you or your loved one sustained in a nursing home.
Healing from Back Injury: a Lawyer’s Role in Getting Well
Back pain and injury are notoriously difficult to heal from because it involves your spine, which is the support center for the rest of your body. You can’t really do anything without involving your spine to some degree. So even if the pain goes away, it’s probably going to come back again unless you get proper care, rest and treatment. Unfortunately, most people, when they first experience back pain, pop some pain killers and return to business as usual. Many months or years later, when the pain is still coming back from time to time or has gotten worse, they realize something is seriously wrong.
By that time, it may be too late to file a lawsuit or prove that your pain and injury is related to a specific accident or event. That’s why it’s important to get proper medical care right away and follow up as soon as possible with a Florida attorney focusing on personal injury tort, like Brett Hastings.
In Florida, an attorney can help your healing process in a couple of ways. First, your attorney can make sure you’re getting the best care possible. Some insurance companies try to persuade patients to use certain doctors or medical facilities because they’re cheaper and keep the company’s cost to a minimum. Although it is illegal to require this in Florida, insurance representatives can be very insistent. Your back injury lawyer can put an end to this frustration and ensure the insurance company pays for proper medical care from the doctors you need to get it from. Insurance companies also like to play games with denying certain kinds of care in order to keep their costs down, and your lawyer can help you make the case for the care you need so the insurance company will pay up.
The other way your back injury lawyer can help the healing process is to help you get compensated for your costs, suffering, and loss of income and quality of life that results from your injury. When you’re in pain and can’t do the things you used to do, you don’t want to also worry about how bills are going to be paid or how you’re going to buy groceries. Damages won in a personal injury lawsuit can alleviate those stressors so you can focus on healing and getting your life back.
For Work-Related Back Injury, a Lawyer Can Ensure You Get Proper Worker’s Compensation Benefits
The Bureau of Labor Statistics and OSHA report that more than a million workers suffer from back injuries on the job each year. These are usually the result of work conditions that are dangerous to the back or wear away at the muscles and ligaments until a problem occurs. They can also be caused by inappropriate work assignments, such as requiring a worker to lift more than he is able to, or a worker’s lack of training, like failing to show the worker how to lift properly.
In these circumstances, the employer is usually liable for the injuries and the care and treatment needed. The employer can also be liable for income compensation and compensation for suffering. These should be paid for by the employer’s Worker’s Compensation insurance company. However, as noted above, insurance companies aren’t always willing to ante up for the right care and treatment and will often try to settle out of court for much less than the full extent of damages your injury is likely to cause. Having a back injury lawyer on your side can help alleviate some of these frustrations and make sure you get the benefits you’re entitled to.
Free: Discuss Your Case with a Highly Experienced Back Injury Lawyer
Frequently Asked Questions
What rights do nursing home residents have in Florida?
Florida law gives nursing home residents a specific set of protections, often called the Residents’ Bill of Rights. These include the right to be treated with dignity, to receive adequate and appropriate care, to be free from physical and chemical restraints used for discipline or convenience, and to be free from abuse and neglect. When a facility violates these rights and a resident is harmed, the family may have grounds for a legal claim. We can review the facility’s records to see whether those rights were respected.
What are common signs of nursing home abuse or neglect?
Warning signs include unexplained bruises, fractures, or pressure sores (bedsores), sudden weight loss or dehydration, poor hygiene, soiled bedding, and unsanitary conditions. Emotional signs can include withdrawal, fear of certain staff, or unusual agitation. Medication errors and frequent falls are also red flags. If you notice these signs, document what you see, raise concerns with the facility, and consider speaking with an attorney to understand whether the care fell below acceptable standards.
Who can file a nursing home abuse claim in Florida?
The injured resident can pursue a claim, and if the resident is unable to act because of incapacity, a legal representative such as a guardian or someone holding power of attorney may act on their behalf. If abuse or neglect contributed to a resident’s death, Florida’s wrongful death law allows the personal representative of the estate to bring a claim on behalf of eligible surviving family members. Because eligibility depends on the facts, it helps to review the situation with an attorney early.
How long do I have to file a nursing home abuse case in Florida?
Florida generally gives you two years to file a negligence claim, measured from the date of injury, after a 2023 change in state law shortened the old four-year window. If abuse or neglect led to a death, a wrongful death claim also carries a two-year deadline. Some situations involve additional procedural requirements or shorter notice periods, so deadlines can be complicated. Speaking with an attorney promptly helps protect your right to pursue a claim.
How do I report nursing home abuse in Florida?
If a resident is in immediate danger, call 911. You can report suspected abuse, neglect, or exploitation to the Florida Abuse Hotline, which accepts reports around the clock, and you may also notify the facility’s administration in writing. Keeping copies of your reports, photos, and any responses creates a helpful record. Reporting protects the resident and can preserve evidence. An attorney can guide you on documentation while an investigation moves forward.
What does it cost to hire a nursing home abuse lawyer?
Hastings Injury Law Firm handles nursing home abuse and neglect cases on a contingency fee basis, which means there is no fee unless we win your case. The initial consultation is free and confidential, so you can ask questions and understand your options at no cost and with no obligation. This lets families focus on their loved one’s care and safety rather than worrying about upfront legal bills while a case is being evaluated.
Why choose Hastings Injury Law Firm for a nursing home case?
Attorney Brett Hastings has more than 25 years of trial experience and is a member of The Florida Bar. Our firm represents families across Jacksonville and Northeast Florida, including Jacksonville Beach, Downtown Jacksonville, Fernandina, and St. Augustine. We take time to understand what happened to your loved one and to explain your options clearly. Every case is different, and outcomes depend on the specific facts, but we are committed to pursuing accountability.