Elder Law

South Florida is a popular retirement destination, meaning it has a large population of elderly residents who may be particularly vulnerable to injury from falls and other accidents. Many elderly people require part- or full-time care, and may face abuse or neglect at the hands of a caregiver. If you or an elderly loved one has suffered injury due to an accident, abuse, or neglect, a Florida elder injury attorney can help evaluate your damages, identify the liable party or parties, and assert your rights to compensation.

Types of Injuries

Age and health conditions can quickly turn a minor injury into a serious one. Injuries like a slip and fall , which may not cause serious injury to a younger person, has the potential for severe injury to an older person. Injuries may include broken bones or damage to the brain or spinal cord, and elderly people may be more prone to disabling injuries and death. Older people who are not able to drive may be at greater risk for injury on public transportation or from hit-and-run drivers when they are walking.

Nursing Home Abuse and Neglect

Many elderly Florida residents require full-time care and must therefore live in a nursing home or assisted-living facility. Elderly residents are vulnerable to unscrupulous or negligent employees who may neglect them or subject them to physical or verbal abuse.

Physical abuse can include any use of force that causes a nursing home resident injury, impairment, or pain. Hitting or slapping, as well as unreasonable or unnecessary restraint, are forms of physical abuse. Withholding food or medication is also a form of physical abuse. Physical abuse also includes any inappropriate touching of a resident or other sexual abuse.

Verbal or emotional abuse may include yelling or berating a resident, or anything else intended to cause emotional distress. It does not need to be expressly verbal to constitute abuse. Isolating a resident from family or other residents, or creating a hostile environment for a resident can take a profound emotional toll.

Nursing home neglect involves any failure by a facility’s staff to tend to a resident’s reasonable needs. Signs of neglect may often appear more readily than signs of abuse, as a nursing home resident may appear malnourished or have untreated bedsores. Important signs of abuse and neglect include not only malnutrition and physical injury, but also isolation, withdrawal, and other changes in behavior.

Special Considerations for Elderly Persons

Elderly individuals present distinct legal issues in an injury claim. Injuries to an elderly person can have substantially greater impact on the person’s quality of life and autonomy, which can determine how much future care a person will need. Benefits such as Medicare may be available to help, or an injury may interfere with a person’s eligibility. Our team can help to navigate these difficult issues.

The Deerfield Beach injury attorneys of Goldman & Daszkal, P.A. represent people in Palm Beach and Broward County who have been injured due to nursing home abuse or neglect, or in other types of accidents affecting Florida’s elderly population. Contact us through this website or at 954-428-9333 for a free and confidential consultation.