New Smyrna Beach Nursing Home Negligence Lawyer

February 22, 2023 | Attorney, Matthew Dolman

Finding out that a loved one has suffered negligence in a nursing home, leading to considerable losses in health or independence, can feel utterly devastating. You may wonder how you could have protected your loved one and, just as importantly, how you can now take steps to protect them.

While you cannot go back and fix the problems that your loved one faced in a nursing home in the past, you can help your loved one file a negligence claim that can make it easier to pay for any medical costs and other financial damages associated with that negligence.

At Dolman Law Group Accident Injury Lawyers, PA, we aim to provide the legal advice our clients need to establish their right to compensation. Contact our New Smyrna beach nursing home negligence attorneys to discuss your legal rights.

Dolman Law Group Accident Injury Lawyers, Pa: Help for New Smyrna Beach Nursing Home Negligence Claims

New Smyrna Beach Nursing Home Negligence Attorney

Discovering that your loved one suffered negligence in a nursing home can feel catastrophic. You may have carefully chosen that nursing home to ensure that your loved one received the highest possible standard of care, only to discover later that the nursing home did not provide the care your loved one needed to maintain a high quality of life.

At Dolman Law Group Accident Injury Lawyers, PA, our New Smyrna Beach personal injury lawyers understand the challenges that families often face as they navigate nursing home negligence claims. We aim to provide comprehensive support for our clients that can help them navigate those difficulties.

We Provide the Small-firm Support Your Loved One Needs to Handle a Nursing Home Negligence Claim.

At Dolman Law Group Accident Injury Lawyers, PA, we understand how difficult the claim process can feel for loved ones who may have suffered neglect in a nursing home. Many elderly individuals feel reluctant to speak up about the challenges they may have faced due to that neglect. They may not want to share that information with others. They may even feel embarrassed.

We offer compassionate support that can help guide your loved ones through that claim process, providing all the information they need to feel confident about that decision.

We Have the Resources Needed to Get Results.

New Smyrna Beach has a number of big-name nursing homes with substantial resources at their disposal, from Beachside Center for Rehabilitation and Health to Riverside Care Center. Many of those facilities may seem to have more resources than your family can easily fight against. You need a law firm that will put its substantial resources behind you as you move forward with your claim.

We Make It Easy to Get in Touch.

At Dolman Law Group Accident Injury Lawyers, PA, we have law offices on both Florida coasts, making us readily accessible to clients from all those areas. For clients who cannot come to us in person, we can offer virtual consultations that will enable your loved one to get legal support, even from a distance.

Did your loved one suffer neglect in a New Smyrna Beach nursing home? Do not wait. Get the legal help you need to move forward with your claim today by contacting Dolman Law Group Accident Injury Lawyers, PA.

Compensation in New Smyrna Beach Nursing Home Neglect Claims

Neglect in a nursing home can cause substantial difficulty for many patients. Patients may find themselves dealing with several challenging physical and emotional symptoms. How much compensation can your loved one expect after suffering neglect in the nursing home? It may depend on several important factors.

What Injuries Did Your Loved One Suffer Directly From Nursing Home Neglect?

Neglect in a nursing home can lead to several potential health challenges.

  • Increased risk of bedsores
  • Injuries, including broken bones or head trauma, due to a lack of supervision
  • Malnutrition
  • Dehydration
  • New medical conditions that quickly get out of control
  • Symptoms of previous medical conditions getting worse

In many cases, patients who have suffered neglect in a nursing home will need considerable medical care to help them recover from those symptoms. Your loved one may have to spend time in the hospital or receive ongoing treatment for those medical needs, all of which can lead to substantial medical bills.

Did Your Loved One Have to Move to a More Advanced Nursing Home Facility Because of Nursing Home Neglect?

In many cases, neglect can cause a senior’s physical condition to decline. That decline may mean that your loved one can no longer stay in the nursing home used before the neglect. For example, your loved one might need to move from assisted living to a more advanced nursing home facility.

Often, that can mean an increase in costs for the family: not only the direct cost to move your loved one but the cost of a more advanced facility with more specialists and care team members. Talk to our lawyers about including those increased costs in a nursing home neglect claim.

What Suffering Did Your Loved One Face Because of Neglect?

Neglect in a nursing home can cause physical and emotional suffering on many levels. Not only can it cause a decline in the physical condition and several potential injuries, but it may also cause your loved one to suffer higher levels of fear or anxiety related to overall care. Dealing with that suffering can prove incredibly difficult.

Talk to our lawyers about the suffering your loved one has faced because of neglect sustained in a nursing home and how you can best include it as part of a negligence claim.

New Smyrna Beach Nursing Home Neglect: Understanding Your Rights

New Smyrna Beach Nursing Home Negligence Attorney

New Smyrna Beach has a high elderly population, with more than 37 percent of the population over 65. The area’s great climate serves as a popular draw for retirees, who enjoy the high quantity of sunny days and other benefits.

The area has a number of assisted living facilities and nursing homes, including Fairgreen Assisted Living, Crown Assisted Living, Lexington Place, and Seashore Senior Assisted Living. Those facilities must provide high-quality care to residents to support New Smyrna Beach’s elderly population as they age.

Florida’s statute of limitations gives two years after discovering neglect for families or neglected individuals to file a claim to seek compensation for those losses.

Who Bears Liability for Nursing Home Neglect in Florida?

Nursing home neglect can occur for many reasons, including:

In many cases, liability for nursing home neglect will rest directly with the nursing home. Nursing homes and assisted living facilities bear a high duty of care to their residents and must provide a high standard of service that helps protect against potential neglect.

In addition, however, staffing agencies that provide staff members for nursing homes may bear liability for negligence on the part of a staff member sent over by the staffing agency. Furthermore, doctors working directly in nursing homes may be liable for failing to care for a patient properly.

What to Do When You Suspect Nursing Home Neglect in New Smyrna Beach

If you suspect a loved one has suffered neglect in a New Smyrna Beach nursing home, you may need to act quickly to protect against further neglect. A lawyer can help you report neglect and pursue compensation for your loved one’s losses.

To protect your loved one and your family, you may need to:

  • Document all evidence of neglect. You may want, for example, to note symptoms of apparent neglect, such as dehydration and malnutrition, times when you noticed that your loved one smelled, or occasions when your loved one went for several days wearing the same clothing. Also, document any comments your loved one makes about negligence in the nursing home.
  • Keep documentation regarding any medical signs of neglect. In many cases, you will need to use that medical evidence to help you establish the extent of the negligence your loved one has faced.
  • Discuss your rights and your next steps with our lawyers so that you can protect your loved one’s right to compensation.
  • Ask our lawyers to contact the nursing home director to discuss any challenges your loved one may have faced. Keep in mind that negligence often occurs at a staff level, so directors and board-level members may not know about those challenges until further down the road if you fail to report them.
  • Monitor carefully for any continuing signs of neglect.

Fighting the Insurance Company Following Nursing Home Neglect in New Smyrna Beach

Nursing home neglect can cause a number of serious complications in your loved one’s life. You may assume that the insurance company will make things right. Unfortunately, all too often, nursing homes will deny the full extent of that neglect or the damages your loved one suffered.

The insurance company may:

  • Refuse to acknowledge that the nursing home committed negligence against your loved one. In some cases, the insurance company may insist that your loved one’s challenges occurred for a reason other than neglect and that your loved one does not have the right to compensation.
  • Ignore the damages your loved one sustained, including the medical care needed to recover from negligence.
  • Pressure your family to accept a low settlement offer. Accepting a low settlement can prevent your loved one or your family from getting the financial aid you really need following a claim.

At Dolman Law Group Accident Injury Lawyers, PA, we have the resources you need to fight the insurance company and increase your odds of successfully resolving your claim.

New Smyrna Beach Nursing Home Negligence FAQ

Do I have the right to file a New Smyrna Beach nursing home negligence claim on behalf of my loved one?

When a loved one has already suffered due to neglect in a nursing home, you may want to alleviate your loved one’s stress by taking care of the injury claim process for him. You can file a claim if you have legal power of attorney for your loved one: your loved one has legally authorized you to act on his behalf. You may also have the right to file a claim if your loved one dies as a result of negligence in a nursing home.

You can, however, stand by your loved one through the claim process and help provide support as your loved one navigates that difficult road.

Can I file a wrongful death claim if my loved one died due to nursing home negligence in New Smyrna Beach?

If you lost a loved one due to negligence in a nursing home in New Smyrna Beach, you might have the right to file a medical malpractice claim under several circumstances.

First, you will need to work with a lawyer to show that your loved one died directly from that neglect.

Generally, the personal representative of the estate can file a wrongful death claim on behalf of the closest family relations to the deceased.

How can I prove that my loved one suffered neglect in a nursing home?

If you suspect your loved one suffered neglect in a nursing home, contact a lawyer as soon as possible. A lawyer can help you determine whether your loved one suffered neglect, what steps you may need to take next, and how your family can best protect your loved one’s right to compensation.

Contact a New Smyrna Beach Nursing Home Negligence Attorney Today

If your loved one has suffered negligence in a nursing home, you need legal support to help pursue the compensation your family deserves. With offices across both Florida coasts, you can easily reach Dolman Law Group Accident Injury Lawyers, PA, at (833) 552-7274, or you can write to us using our online contact page.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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