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Florida has the highest percentage of seniors of any state in America, with nearly 20 percent of the state comprised of senior citizens.  Given its high population of senior citizens (in both relative and absolute terms) and the inherently vulnerable nature of the elderly, Florida regulators have implemented a variety of laws in order to protect such seniors from abuse and give them options for recovery.  Several elder abuse statutes have been enacted to provide injured seniors a civil cause of action with which to sue and recover damages.

Elements of Elder Abuse in Florida

Elder abuse claims are governed by Section 415.1111 of the Florida Statutes.  Pursuant to section 415.1111, a vulnerable adult — which includes seniors — who has been abused or neglected may sue the perpetrator and recover actual (and punitive) damages for such abuse and neglect.

Abuse

Abuse is defined as any willful or threatened act by a relative, caregiver or household member that has caused or is likely to cause damage to the senior’s physical, mental or emotional health.

Neglect

Neglect is defined as the failure or omission on the part of the caregiver to provide the care, supervision and services necessary to maintain the physical and mental health of the senior, including food, clothing, medicine, shelter, supervision, and medical services that a prudent person would consider essential for the wellbeing of a senior.

Damages for Elder Abuse

Elders who are abused in Florida may recover compensatory damages, punitive damages, attorney’s fees and other legal expenses relating to the elder abuse action.

Compensatory Damages

Compensatory damages are those damages that are directly related to the losses suffered by the elder abuse victim and are intended to place the victim in a condition that closely approximates where they would have been had no abuse occurred.  These damages include, but are not necessarily limited, to:

• Medical expenses
• Financial losses
• Emotional distress
• Pain and suffering
• Quality of life deterioration
• And more

Punitive Damages

Punitive damages are available in Florida elder abuse actions.  Punitive damages are generally awarded when the court finds the behavior of the defendant so wrongful or grossly negligent that it punishes the defendant through the imposition of significant additional damages.  Further, these damages are intended to discourage others from engaging in the same sort of behavior.

Punitive damages awards multiply the compensatory damages by some factor.  In some cases, the jury may choose to award up to two or three times the compensatory damages.  For example, if the injured senior is entitled to $50,000 in compensatory damages, then they might be awarded $150,000 in punitive damages, for $200,000 in total.

If you believe that you have been subjected to elder abuse, or if you know of others who may have been subjected to elder abuse, it’s important to consult with a qualified nursing home abuse lawyer as soon as possible so that a lawsuit can be filed in a timely manner (thus preserving the claims before they expire).  Contact Randall Spivey to speak with a skilled Fort Myers nursing home abuse lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal options.