Due to the current climate and the nature of both physical and sexual assault, as well as abuse, it's important to give each and every victim a platform to speak their truth and provide justice for the mental and physical harm caused to them by another's atrocious actions. There are things we MUST do not only as Personal Injury lawyers but as human beings with compassion and empathy. We must ensure that victims feel safe and as at ease as possible when sharing their ordeal. We must listen when they speak, and never interrupt.
Are there different types of abuse and assault?
Yes. Assault, as well as abuse, are both broad terms for several different injurious behaviors that cause severe mental and physical harm due to the unlawful actions of another. Below, we've listed the most common types of abuse and assault that cause victims extreme mental anguish, PTSD, bodily harm, and physical pain:
- Sexual assault; this type of assault may come at the hands of hospital staff member, an employer, co-worker, or anyone placed in a position to care for Florida's more vulnerable populations such as the elderly or minors
- Elder abuse; this type of abuse is an act of violence committed by elder care (nursing home) workers who believe they will not be caught causing harm to the elderly population they're trusted to care for
- Assault resulting from a negligent security accident, such as physical violence perpetrated against the victim during a robbery or break-in
What should the loved ones of Florida's vulnerable elderly population know about nursing home abuse?
Both OSHA and HIPAA keep a watchful eye on Florida's nursing homes; however, there are times when illegal activity or abuse committed against a helpless elderly nursing home resident is concealed, and loved ones must act as soon as the harm caused to their family member is discovered. There are several questions that should be asked before allowing an elderly loved one to enter a nursing facility:
- Is this facility clean and compliant with OSHA standards?
- Do the residents look happy and well cared for?
- Have there been any reports or complaints filed against this facility for any type of abuse?
- Is every staff member licensed or certified as required by the state of Florida? Is their licensure up to date?
- Are staff members friendly, approachable, and willing to answer any questions a family has about the care provided by the facility?
- What emergency procedures are in place in the event of something happening to a loved one? Are these emergency procedures practiced regularly and up to date?
Florida's strict Statute of Limitations applies to abuse and assault
The state of Florida has strict requirements regarding the Statute of Limitations placed upon abuse and assault claims. If these standards are not met or the Statute of Limitations is exceeded, victims of abuse and/or assault may lose their right to the compensation and justice they deserve. Florida's specific laws regarding this type of injurious behavior committed against another are as follows:
- The injured party must file a case within (2) two years after the initial abuse. There is time considered for attorneys to perform “discovery” as to the onset of the assault or abuse.
- In regard to the first point, the state of Florida has banned all medical malpractice lawsuits that are not filed within (2) two years of the actions that caused the injury.
- There are instances when an exception will be made if the abuse or assault was found to be purposefully concealed to avoid legal consequences.
- There is one other exception to the statute of limitations only on a case-by-case basis that must be approved by a judge. Florida will make the aforementioned exceptions if the abused or injured party is a minor child, or if the patient has been deemed incompetent to stand trial due to traumatic brain injury as a result of assault or abuse.
Why is The Shaked Law Firm the best choice for victims of assault or abuse seeking legal representation?
When it comes to suffering abuse or assault firsthand, or discovering a loved one has been abused or assaulted, the mental anguish of recalling the ordeal can be extremely painful.
Some victims will not want to speak of their ordeal at the first meeting, and may want to write it down for one of our lawyers to read. Our lawyers do our best to encourage a survivor of sexual assault to pursue their right to justice in the most gentle and understanding manner. We understand the need for discretion and compassion, and we always remain patient and willing to listen to our clients needs. Private, safe, and comfortable offices are available to offer our clients the privacy and discretion they're entitled to.
We understand the trust placed in us. When one of our lawyers is retained by a survivor of sexual assault or abuse, they are placing a great deal of trust in us. That confidentiality, trust, and belief in their story (as well as their right to justice as well as compensation) is something that cannot ever be broken. These types of cases are extremely sensitive in nature, and must be handled carefully and only by our Board Certified legal counsel.
Shaked Law Firm has the experience, understanding, and compassion necessary to handle these very sensitive cases and can offer our clients the utmost confidentiality in a safe, comfortable atmosphere. We also offer home and hospital visits whenever necessary to accommodate our clients very specific needs.
Contact our experienced Assault Lawyers today for a free consultation; there's no obligation!