FIDJ: Florida Assisted Living Facility Abuse, Neglect, and Wrongful Death Lawyers
At FIDJ, our Florida assisted living facility lawyers fight for victims of abuse, neglect, and wrongful death. Assisted living facilities (ALFs) are meant to provide a safe, supportive environment for residents who need help with daily activities but do not require around-the-clock skilled nursing care. Sadly, too many put profits over safety — and residents pay the price. Common signs of assisted living facility abuse and neglect include:
-
Poor hygiene and unsanitary conditions
-
Unexplained injuries or sudden health decline
When these failures occur, they can cause lasting harm, emotional trauma, and even wrongful death.
How Florida ALFs Fail Residents
Under Florida law, ALFs must ensure residents are appropriate for admission and that their care needs can be met. Unfortunately, facilities sometimes admit or keep residents whose medical needs exceed their capabilities, leading to preventable injuries and tragedies.
What is Assisted Living Facility Abuse?
Assisted living facility home abuse occurs when staff intentionally cause harm to a resident or engage in conduct that they know, or should know, will cause injury, fear, or emotional distress. Abuse can be physical, emotional, sexual, or financial, and, in many cases, residents are pressured or intimidated into staying silent. Because victims of assisted living facility abuse often cannot advocate for themselves, it’s critical for families to watch for red flags and speak up at the first sign of danger.
Examples of Assisted Living Facility Abuse Include:
-
Failure to Meet Basic Needs: Withholding adequate food, clean drinking water, or assistance with eating (an activity of daily living, also known as an "ADL") puts ALF residents at risk of malnutrition, dehydration, and serious health problems.
-
Neglect of Personal Hygiene: Not helping residents with ADLs such as bathing, grooming, toileting, or changing clothes leads to loss of dignity, skin infections, and preventable illness.
-
Unsafe or Unsanitary Living Conditions: Cluttered walkways, poor lighting, dirty rooms, or unclean bathrooms increase the risk of falls, injuries, and disease in assisted living facilities.
-
Infection Control Failures: Ignoring basic infection control practices such as handwashing, sanitizing shared equipment, and isolating contagious residents spreads preventable illnesses in ALFs.
-
Medication Errors and Mismanagement: Failing to assist with medication administration (an ADL) according to physician orders, skipping doses, giving the wrong medication or dose, or not monitoring side effects can cause serious injury or death.
-
Emotional or Social Abuse: Isolating residents by limiting visitors, calls, or activities causes emotional harm and can hide other abuse or neglect.
-
Improper or Unsafe Discharges: Discharging or transferring residents without proper notice or in violation of Florida ALF discharge rules under Chapter 429 places them at serious risk.
Recognizing assisted living facility abuse can be challenging for families, particularly where residents are pressured, intimidated, or bribed to stay silent. That's why it's important for family members to be aware of the signs of abuse and remain vigilant.
What is Assisted Living Facility Neglect?
Assisted living facility neglect is different from abuse. Abuse usually involves intentional actions that cause harm, while neglect often stems from inaction, carelessness, or indifference. Even without malicious intent, neglect still violates a resident’s rights and can cause serious injury or death.
Neglect in an ALF often occurs when the faiclity fails to provide the care, supervision, and services necessary to maintain a resident’s health, safety, and quality of life. While ALFs are not technically medical facilities, they must still meet the residents’ daily living needs, assist with medications, and help arrange necessary medical care. To learn more about the differences among various ALF licenses and how they impact the standards of care, read our blog titled, "Florida Assisted Living Facility Licenses Explained and Why It Matters for Abuse, Neglect, and Wrongful Death Cases." Extreme, repeated, or knowingly ignored neglect can rise to the level of abuse under Florida law.
Because victims of ALF neglect often cannot advocate for themselves, families must be watch for red flags and speak up at the first sign of danger.
Examples of Assisted Living Facility Neglect Include:
-
Lack of Personal Care Assistance: Not helping residents with ADLs such as bathing, grooming, dressing, toileting, or eating.
-
Inadequate Nutrition and Hydration: Failing to provide regular meals, clean drinking water, or special diets prescribed for the resident’s health needs.
-
Failure to Arrange or Facilitate Medical Care: Not assisting residents in scheduling medical appointments, arranging transportation, or following physician instructions within the ALF’s scope of care.
-
Lack of Supervision: Leaving residents unsupervised in unsafe areas, allowing wandering from the facility (elopement), or failing to monitor those at risk of falls or injury.
-
Delayed Response to Needs: Ignoring or failing to promptly respond when a resident requests help or experiences distress.
-
Poor Sanitation: Not maintaining clean rooms, bathrooms, bedding, or clothing, which can lead to illness or injury.
In Florida, assisted living facilities can be held legally responsible when their inaction or inadequate care puts residents in harm’s way. Families have the right to demand accountability and seek compensation for assisted living facility injuries caused by neglect.
Signs and Symptoms of Assisted Living Facility Abuse or Neglect
Spotting assisted living facility abuse or neglect is not always easy, especially when residents are afraid to speak out or unable to communicate what’s happening. Families should watch for changes in their loved one’s appearance, behavior, and living environment that may signal a problem.
Physical Signs:
-
Decline in personal hygiene, including unwashed hair, dirty clothing, or body odor
-
Unexplained bruises, cuts, burns, sprains, or fractures
-
Frequent falls or injuries without adequate explanation
-
Skin irritation, wounds, or persistent rashes
-
Noticeable weight loss, dehydration, or signs of poor nutrition
Behavioral Changes:
-
Withdrawal from social activities or loss of interest in hobbies
-
Sudden mood swings, increased anxiety, or signs of depression
-
Reluctance to be left alone with certain staff members
-
Avoiding eye contact or becoming unusually quiet around others
Environmental Red Flags:
-
Strong odors of urine or feces in resident rooms or common areas
-
Cluttered hallways, blocked exits, or unsafe flooring
-
Consistently low staffing levels during visits
-
Dirty linens
-
Dirty dining areas
-
Signs of pests and/or rodents
If you notice one or more of these warning signs, it’s important to act quickly. The earlier abuse or neglect is addressed, the better the chances of protecting your loved one from further harm.
How a Florida Assisted Living Facility Abuse, Neglect, & Wrongful Death Attorney Can Help
Assisted living facility abuse, neglect, and wrongful death cases are not like ordinary personal injury claims. They involve highly regulated healthcare environments, complex medical and nursing records, and facility operators who are often backed by teams of defense lawyers and insurance companies. Without an experienced assisted living facility abuse, neglect, and wrongful death lawyer, families may be led into accepting low settlements that don’t reflect the harm done or misled by facility claims that the resident’s injuries were “unavoidable.” A lawyer who understands assisted living facility operations knows where to find the most important evidence, how to secure it before it disappears, and how to use it to hold the facility accountable. Assisted living faciity abuse, neglect, and wrongful death lawyers can navigate Florida’s strict assisted living facility laws, work with medical experts to prove your case, and protect your loved one’s rights every step of the way.
Experience Matters: Why FIDJ is the Right Choice for Your Assisted Living Facility Abuse, Neglect, or Wrongful Death Case
At FIDJ, we don’t take every type of personal injury case. We focus our injury practice on abuse, neglect, and wrongful death claims involving:
-
Florida nursing homes (also known as skilled nursing facilities)
-
Florida assisted living facilities
-
Florida group homes (for adults with disabilities)
-
Florida adult day care centers
This is where our experience matters. We understand the unique laws that protect Florida’s most vulnerable residents, and we know how to hold facilities accountable when they violate those laws.
When you hire FIDJ, you get focused lawyers that:
-
Previously spent decades on the other side, defending facilities. We know how assisted living facilities operate, where they cut corners, and the litigation strategies with the most impact.
-
Have over 73 years of combined litigation and trial experience.
-
Handle cases from start to finish, including jury trials, when needed.
-
Understand the unique evidence in assisted living facility cases and how to obtain it.
-
Pursue maximum compensation to cover medical bills, pain and suffering, and punitive damages when justified.
We’re not a volume personal injury firm trying to cover every practice area from dog bites to car accidents. Instead, we are committed to holding nursing homes, assisted living facilities, group homes, and adult day care centers accountable when they fail to meet their obligations and harm some of the most vulnerable members of our society.
We Don't Get Paid Unless We Recover
At FIDJ, we handle assisted living facility abuse, neglect, and wrongful death cases on a contingency fee basis. That means you pay nothing upfront and no attorney’s fees at all unless we recover compensation for you. We invest the time, resources, and expertise needed to take on assisted living facilities and their insurance companies, and we take on all the financial risk so you don’t have to. If there’s no recovery, you owe us nothing.
Have Rights!
ALF
Residents
Florida law guarantees powerful legal rights to every assisted living facility ("ALF") resident. These aren't just suggestions—they’re enforceable protections under Florida Statute § 429.28. If your loved one’s rights are being ignored, neglected, or outright violated, it’s time to take action!
Abuse and Neglect
ALF residents have the right to live free from physical abuse, emotional abuse, sexual abuse, exploitation, and neglect. No one—not staff, caregivers, or administrators—has the right to harm or ignore a resident’s needs. Period.
Access to Adequate Health Care
ALFs must assist residents in obtaining appropriate medical care, including managing medications, making appointments, and providing transportation. They must also perform certain health care services consistent with prevailing care standards.
Protection from Unsafe Discharges
ALF residents have the right to receive timely notice before being relocated or discharged, except in cases of medical emergencies requiring immediate transfer.
Medication Safety & Oversight
ALFs must manage medications properly and in accordance with physician orders. Improper dosages, skipped medications, or failure to monitor side effects can result in injury or death.
Visitation & Communication
ALF residents are entitled to maintain regular contact with loved ones and advocates. Limiting phone calls, mail, or visits not only violates the law, but it also isolates residents and increases their risk of undetected abuse or neglect.
Dignity & Privacy
ALF residents have the right to be treated with dignity, respect, and individuality. Violations of personal boundaries, privacy, or autonomy, especially during bathing, toileting, or care, are serious red flags.
Grievances
ALF residents have the right to file complaints, voice concerns, or report abuse without fear of retaliation or discharge.
Personal Property
ALF residents have the right to keep and use their own clothing and belongings in their living quarters, unless doing so would be unsafe or infringe on others.
Financial Protections
Residents have the right to control their own money, or designate someone they trust.
Evidence
Doesn't Last Forever.
In assisted living facility abuse, neglect, and wrongful death cases, time is critical, not just because of legal deadlines (known as Statutes of Limitation), but because vital evidence can disappear. ALFs may lose or erase surveillance footage, staff with critical first-hand knowledge may leave or become unreachable, and records can be “lost” or altered. Acting quickly helps preserve the proof needed to hold assisted living facilities accountable.
Who's Caring For Your Loved One?
If you're searching for a licensed ALF in Florida — or something doesn’t feel right — use our directory. We've compiled every state-licensed ALF to help families stay in contact with their loved one, monitor care, and take action when needed. As advocates for the elderly, we believe transparency is the first step toward accountability.
FREQUENTLY ASKED QUESTIONS ABOUT FLORIDA ASSISTED LIVING FACILITY CASES
I’m not sure if I have a Florida assisted living facility abuse or neglect case. Can I speak with an attorney at FIDJ?
Absolutely. You can and should reach out to us if you have any concerns or suspicions regarding assisted living facility abuse or neglect. Our experienced assisted living facility injury attorneys are available to evaluate your situation and provide guidance on a path forward.
I cannot afford a lawyer. Can I still hire you to sue a Florida assisted living facility?
Yes. The experienced assisted living facility injury attorneys at FIDJ work on a contingency fee basis. That means, we only get paid if there is a monetary recovery associated with your case.
I might have signed an arbitration agreement. Can I still sue the assisted living facility for damages?
Yes. It’s common for assisted living facilities to include arbitration clauses in their agreements as a way to keep cases out of the public eye and limit potential damages. However, the experienced assisted living facility injury attorneys at FIDJ can carefully assess the validity and enforceability of your arbitration clause. Depending on the circumstances, our experienced attorneys may be able to challenge and potentially invalidate the arbitration agreement, allowing your case to proceed to civil court where it can be heard before a jury. In the event an arbitration clause is enforceable, our attorneys can still represent you in the arbitration process.
How long do I have to file a Florida assisted living facility abuse or neglect lawsuit?
In Florida, assisted living facility injury cases must be brought within two (2) years of the date of injury and/or the date of death. This two (2) year deadline is known as a “statute of limitations”. However, do not delay as there may be prior injuries that you do not know about. In addition, many assisted living facilities have notoriously high staff turnover rates. Therefore, unnecessary delay can make it more difficult to locate potential witnesses. To learn more about the applicable statute of limitations, check out our blog, "The Deadline to File a Florida Nursing Home, Assisted Living Facility, Group Home, or Adult Day Care Center Abuse or Neglect Case."
Is it normal to feel guilty for placing my loved one in an assisted living facility?
We frequently hear families express their guilt in placing a loved one in an assisted living facility. However, it’s important to remember that the decision is usually driven by an unwavering desire to ensure the best possible care for your loved one.
My loved one was injured at the hands of an assisted living facility that I selected. Should I feel responsible for my loved one’s pain and suffering?
Absolutely not. Your intention was to provide the best possible care for your loved one by choosing an assisted living facility that you believed could meet your loved one’s needs. When an assisted living facility fails to uphold its duty to provide proper care and protection, the responsibility for any associated injuries lies with the facility, not with you. You are not at fault for the actions of a facility that failed to provide the care it promised.
How long do Florida assisted living facility cases last?
Each case is unique. While some cases settle before a lawsuit is filed, other cases require a trial. As a rule of thumb, however, you can expect a jury trial within two (2) years of filing your lawsuit. The finality of cases can be extended by the appellate process. If your case is subject to a valid arbitration clause, you can generally expect a quicker resolution.
Are you going to handle my case or refer it to another law firm?
We are not an attorney referral service. If we take your Florida assisted living facility case, we handle your Florida assisted living facility case.
Start Your Free Case Review
We Sue Assisted Living Facilities for Abuse, Neglect, and Wrongful Death
Call (844) FIDJ-LAW to speak with one of our experienced attorneys.
Injuries & Incidents
At FIDJ, we help victims and their families hold Florida nursing homes, assisted living facilities, group homes, and adult day care centers accountable for abuse, neglect, wrongful death, and elder care facility negligence. Our Florida elder and disabled person abuse attorneys fight inequity and demand justice for victims and their families.
Learn more about cases involving nursing home abuse, group home abuse, and adult day care center abuse. Contact us for a FREE case evaluation.
Check out our latest blogs...
We Proudly Represent Clients In and Around These Major Florida Cities
Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, Jacksonville, Sarasota, Naples, Fort Myers, Boca Raton, Hollywood, Lakeland, Ocala, Pensacola, Gainesville, St. Petersburg, Clearwater, Port St. Lucie, Melbourne, Tallahassee, Kissimmee, Cape Coral, Coral Springs, Vero Beach, St. Augustine, Port Charlotte, Panama City
...and these Florida regions
.png){kind=small}
South Florida, Central Florida, North Florida, the Gulf Coast, Treasure Coast, Space Coast, the Panhandle, the Keys, Suncoast, Nature Coast, Big Bend, Emerald Coast, and First Coast.
What that Means
If you are searching for a "nursing home abuse lawyer near me", an "assisted living facility abuse lawyer near me", a "group home abuse lawyer near me", or an "adult day care center abuse lawyer near me", FIDJ has you covered.
Do you need an attorney who handles cases near you or your loved one? Our attorneys handle cases involving nursing home abuse and neglect, assisted living facility abuse and neglect, group home abuse and neglect, and adult day care center abuse and neglect in the following Florida counties: Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington.