Who Can File A Nursing Home Abuse Lawsuit In Florida?
Nursing home abuse is far more common than many people would like to believe. Approximately ten percent of seniors will experience some type of abuse in their lifetime, according to the Department of Justice. The main types of nursing home abuse are physical abuse, emotional abuse, sexual abuse, financial abuse, neglect, and abandonment. Any type of elder abuse is devastating and when it occurs in a nursing home, individuals can file a lawsuit to recover damages for any losses the senior citizen sustained.
Nursing home abuse lawsuits are slightly different from other types of personal injury cases. This is because when someone is harmed by the actions or inactions of another person, the victim is usually the one to file the lawsuit. In nursing home abuse cases though, others may have to file the lawsuit on behalf of the victim. Below, our Tampa nursing home abuse lawyer explains who can file these civil cases.
Who Can File a Civil Action After Nursing Home Abuse?
Under Florida Statute 415.1111, there are many individuals who can file a nursing home abuse lawsuit. These individuals are as follows:
- The victim: Just as in other personal injury cases, the victim can file a nursing home abuse lawsuit. Many nursing home residents do not have the mental capacity to file a lawsuit and some do not even realize the abuse took place. When a nursing home resident lacks the mental capacity, someone else will have to file a nursing home abuse lawsuit on the elder’s behalf.
- The victim’s guardian: When a senior citizen does not have the mental capacity to make personal or financial decisions on their own, the Florida courts may appoint them a guardian. The guardian then becomes the surrogate decision-maker for the elder and can file a nursing home abuse lawsuit on their behalf.
- Another person acting on behalf of the victim: In some cases, another person acting on behalf of the elder can file a nursing home lawsuit. In most cases, this is a family member of the elder. In these cases, the individual filing the lawsuit usually needs the consent of the elder or the elder’s guardian.
- The personal representative of the estate: Sadly, nursing home abuse sometimes results in the wrongful death of the elder. In these cases, the personal representative of the estate can file a lawsuit. If there is no personal representative of the estate, a court will appoint one.
What Damages are Available in Nursing Home Abuse Lawsuits?
Through a nursing home abuse lawsuit, individuals can recover damages, or financial compensation, for their losses. The most common damages available in nursing home abuse lawsuits include:
- Past and future medical expenses
- Hospital bills
- Financial losses
- Pain and suffering
- Mental anguish
- Attorney’s fees
Our Nursing Home Abuse Lawyer in Tampa Can Help You Claim Full Damages
If you or a loved one has become a victim of abuse or neglect in a long-term care facility, our Tampa nursing home abuse lawyer can help. At Kohn Law, we are dedicated to holding nursing home facilities accountable for their actions so victims can claim the full compensation they deserve. Call us today at 813-428-8504 or fill out our online form to schedule a free consultation.
Resource:
justice.gov/file/1098056/download#:~:text=90%25-,Prevalence%20of%20Elder%20Abuse,than%20one%20type%20of%20abuse
