Nursing home abuse and negligence cases in Homestead and southern Florida are usually filed when an elderly loved one in a nursing home, assisted living facility, or any care facility has suffered negligence or abuse. This can include severe negligence which leads to illness, medical complications, or fatalities. It can also include physical abuse, sexual abuse, financial abuse, verbal or emotional abuse, or assault.
However, not everyone can file a home abuse and negligence case in southern Florida. In general, you will need to prove damages and you will need to prove your relationship to the elderly person affected. In general, those closest to the elderly loved one are the ones to file a claim. This can include:
- The senior person affected by the neglect or abuse
- The senior’s spouse, if still living
- The senior’s children, if there is no spouse currently alive
- The senior’s other family, if no children or spouse are living
In general, if the person who was the target of abuse or neglect is alive, he or she will be the one to file a lawsuit—with the help of an attorney. The person directly affected will generally have the testimony and evidence needed in their claim and will have the strongest claim against abusers.
Possible Issues Affecting Elder Abuse Cases in Homestead and Florida
However, there are many situations in which an elderly person cannot or will not speak out against their abuser. In many cases, survivors of elder abuse and neglect in Homestead and other communities are deeply afraid of their abusers or are ashamed of what has happened to them. They may want to “forget” what has occurred and the prospect of filing a claim may be frightening or daunting. In many cases, the abuser will seek to build rapport with the victim so he or she will not speak against them. This is especially true if the abuser is a fellow resident, friend, or family member.
In some cases, an elderly person who has faced abuse and neglect may be too ill to pursue a claim. If an individual has physical ailments, a family may be reluctant to put an elderly relative through the rigors of a claim. If a person has dementia or other conditions, testimony may be difficult to obtain. In these and other cases, it is useful to speak to an elder abuse attorney who understands these cases. An experience attorney can advise a family how to proceed to get the best potential outcome for a family member.
If you have an elderly family member who has suffered neglect or abuse, contact Flaxman Law Group for a free accident consultation. Our legal team has a network of investigators and other professionals to build a strong case for you. Each member of our staff is compassionate and truly cares about supporting those who have been injured. We understand this can be a difficult time for your family and we will do what we can to offer you the legal support and information you need during this time.