Fort Myers Assisted Living Neglect Attorney
Most assisted living facilities in Florida depend heavily on Medicaid revenue. In the early 2000s, Medicaid programs throughout the country changed their reimbursement policies. This seemingly insignificant change had a dramatic effect on nursing home negligence claims. The program adopted a flat fee reimbursement structure. So, the more contact staff had with residents, the less money the facility earned.
As a result, many residents were left to fend for themselves, especially in understaffed facilities. Common assisted living neglect claims include bed sores, malnutrition, and resident-on-resident abuse. One night of neglect could cause serious bed sores to develop. As for malnutrition, many facilities serve food, but they don’t ensure the residents eat it. Resident-on-resident abuse is a problem if, as is frequently the case, staff members don’t nip petty grievances in the bud and prevent them from becoming violent confrontations.
A compassionate Fort Myers assisted living neglect attorney at Kohn Law understands the immense pain and suffering these families must endure. Many of the people on our professional team have dealt with similar issues in their own lives. This understanding gives us a passionate desire to help injured victims. This passion fuels our purpose. We work hard every day to obtain maximum compensation for your serious injuries.
What to Look For in a Fort Myers Assisted Living Neglect Attorney
Florida has some of the most lawyers per capita of any state in the country. Pretty much any of these attorneys could competently handle a simple negligence claim.
However, nursing home neglect claims usually aren’t simple. For example, an out-of-state holding company most likely owns the nursing home in question. These large companies have gangs of lawyers which frequently intimidate some inexperienced attorneys. Additionally, these claims usually involve complex legal doctrines.
After considering the primary traits that a good attorney must have in these situations, the field of possible lawyers becomes even narrower. These primary traits are:
- Experience: Years of experience is important. Trial experience is even more important. Although most injury claims settle out of court, your lawyer must be willing and able to go to the mat for you, if necessary.
- Dedication: As mentioned, most negligence cases are quite complex. Personal injury law should be more than a sideshow for your lawyer. Only dedication to victims’ rights enables a lawyer to see a case through to the end.
- Accessibility: Many victims choose large law firms with vast resources, thinking that such a firm can take on a large insurance company. However, the head attorneys at such places are often inaccessible. Clients mostly deal with less-experienced associates or nonlawyer paralegals.
Be diligent during your search, but don’t take too long to choose a Fort Myers assisted living neglect attorney. You have a limited amount of time to act.
What to Expect in a Negligence Case
As mentioned, most negligence claims settle out of court. If the issues in the case are crystal-clear, the claim might settle almost immediately. However, there are usually some questions about the issues in the case and/or the amount of compensation the victim should receive.
As a result, most attorneys file legal paperwork, mostly to jumpstart negotiations. Most Lee County judges have mandatory mediation requirements.
During mediation, a third-party mediator supervises a settlement negotiation session between the victima nd insurance company. Legally, both sides have a duty to negotiate in good faith. So, an insurance company cannot make a take-it-or-leave-it offer. That’s not a good faith negotiating position. Because both sides must earnestly work toward a settlement during mediation, this court-supervised negotiation session is usually successful.
Count on a Diligent Lee County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced Fort Myers assisted living neglect attorney, contact Kohn Law. Attorneys can connect victims with doctors, even if they have no insurance or money.