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How To File A Nursing Home Abuse Claim

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If your friend or family member has suffered abuse while living in a care home you’ll want to ensure they get justice and that it doesn’t happen again.

Suffering abuse from the people charged with your care and protection can be especially challenging. That’s where an experienced nursing home abuse lawyer can step in and help ensure you get the support you need to seek justice for your loved one and file a nursing home abuse claim.

The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have been a nursing home abuse victim and need to file a nursing home abuse claim.  Our offices are conveniently located in nearby ChandlerPeoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call.  You can contact us for a free consultation, or read on to find out more. 

By the way, we will also help with other problems that have cost you sleep, like finding a nearby doctor who can help you or recommending you to temporary or long-term care options. You and your family’s’ safety and health are our top concern, and even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.

To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports.

Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.

If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.

Choose the right attorney

Picking the right legal team to support your case is a crucial part of filing a successful nursing home abuse case.

You should look for an experienced team with a proven track record of winning cases of this type.

For more help choosing the right lawyer read our article: What should I look for when hiring a nursing home abuse attorney in Arizona?

Gathering evidence for your nursing home abuse claim

If you suspect abuse or neglect then you’ll need to gather evidence to support your case.

This might involve taking photographs of any injuries, gathering documents or requesting access to medical records.

An experienced lawyer should be able to help you with this process, and give you guidance on what you need to do.

Care plans

One important document that could support your legal case is your loved one’s individual care plan. This should document the specific individual care your loved one needs, it should:

  • Have been drafted and shared with you within the first 2 weeks of your loved one’s arrival at the home
  • Detail the day to day care your loved one needs, including provisions to avoid high risk injuries that they are most susceptible to like falls or bedsores
  • Be reviewed on a regular basis

Your lawyer can help review your loved one’s care plan and explain how failure to follow a care plan can be linked to neglect.

To find out more about care plans read our article: How does my loved one’s care plan affect an Arizona nursing home abuse claim.

Who can you complain to?

There are several organizations that you can contact if you’re unhappy with your Arizona nursing home. These include:

  • Adult Protective Services
  • The Office of Long-Term Care Licensing, which is part of the Arizona Department of Health
  • The Certified Ombudsman

If you think your loved one is at immediate risk or it’s an emergency you should contact the authorities by calling 911.

To find out more, read our guide: What State Agency is Responsible for Nursing Homes In Arizona?

Who can file a nursing home complaint?

Anyone can make a complaint about a nursing home, but only specific people can file a legal case.

For example, in Wrongful death cases Arizona statutes 12-611 – 12-613 only permit the following individuals to file a case:

  • Spouse
  • Child
  • A legal or personal representative
  • Parents
  • Guardian
  • Estate

If your loved one is still alive, they may need to file the case themselves. If you’re unsure if you’re able to proceed with a legal case, you can speak with a member of the Thompson Law legal team who will explain your options.

Guides to filing a nursing home abuse claim

Written by a team of legal experts, these nursing home abuse articles are designed to give you all the information you need, whether you choose to pursue legal action or not.

How can nursing homes afford to pay claims?

In nearly all cases the nursing home itself won’t have to pay the damages to the abuse victim because most have insurance in place.

The vast majority of Arizona nursing homes have liability insurance to cover the cost of compensation if they have an abuse of neglect claim filed against them

To find out more, you can read our article: how much liability insurance do nursing homes carry.

How does your nursing home rate?

You can use our Nursing Home rating tool to check how the nursing homes in Arizona compare.

Filing a nursing home claim FAQs

How long will it take?

This depends on how complicated the case is and whether the nursing home agrees to settle during arbitration or if the case proceeds to court.

Most nursing home abuse cases typically take between 18-24 months from start to finish.

How much will the settlement be?

This will vary based on a wide range of factors, including the type of case you bring, the medical costs incurred as a result of the abuse, and the pain and suffering endured by the plaintiff.

You can see how much some recent cases settled for and the other factors by reading our article: Case Values of Nursing Home Abuse Claims in Arizona .

Get Help Now

Our team of abuse attorneys is dedicated to seeking damages on behalf of those family members who are being abused and help you find better accommodations for them in the nearby area. We’ve worked on a number of nursing home abuse cases previously in your area and take the time to understand the family’s concerns as well as the situation they believe their loved one is in.

At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain compensation for their and their loved one’s personal injuries, and need help filing a nursing home abuse claim in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.

If you or a loved one has been the victim of nursing home abuse and need to file a nursing home abuse claim, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including ChandlerGilbertMesaScottsdale, Tempe, and Peoria.