Nursing Home Abuse Lawyer in Daytona Beach, FL

Compensation for 
Nursing Home Abuse

Florida law gives nursing home residents the right to sue when neglect or abuse causes harm. Under Fla. Stat. 400.023, the claim may be brought by the resident, by the resident's guardian, by a person or organization acting on behalf of the resident with the resident's or the guardian's consent, or by the personal representative of a deceased resident's estate, regardless of the cause of death.

The statute allows recovery of actual and punitive damages for the violation of a resident's rights or for negligence. When neglect causes a resident's death, the claimant elects between survival damages under Fla. Stat. 46.021 and wrongful death damages under Fla. Stat. 768.21. A resident who prevails in an injunctive or administrative proceeding may also recover costs and reasonable attorney fees up to $25,000.

Punitive damages must meet the standards in Fla. Stat. 400.0237 and 400.0238, and Fla. Stat. 400.162 protects a resident's property and funds. When neglect takes a life, our wrongful death lawyers handle the claim. A personal injury attorney in Daytona Beach, FL, at our firm can explain how these statutes apply to the harm your family suffered.