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Our beloved elderly family members deserve the compassionate care and respect for their dignity that they’ve earned over a lifetime. Sadly, one in ten elders over the age of 60 has experienced at least one form of elder abuse. Abuse sometimes takes place in an elderly person’s home by a family member, but is even more common in nursing homes.
Elder abuse takes many forms, including neglect, intentional physical harm, emotional abuse, financial abuse, and sexual abuse. All forms of elder abuse are egregious and cause serious harm that can lead to an elder’s physical and cognitive decline, diminished quality of life, and even wrongful death.
If an elderly family member suffers abuse in Phoenix, they and their close family members have a right to seek compensation against those responsible. An Arizona elder abuse attorney with experience in this area can help to effectively navigate this type of claim. There are many advantages to hiring an elder abuse lawyer, but the top five benefits are crucial for the best outcome.
An injury victim or their family member who files a personal injury or wrongful death claim against an at-fault party becomes the plaintiff in the case. This means they have the burden of proving the at-fault party’s liability through a preponderance of the evidence. An experienced attorney with a history of positive results in this type of claim has the resources and know-how to thoroughly investigate the case and carefully document evidence of the negligent or wrongful party’s liability. They present this evidence to make a compelling case to the appropriate insurance company or to a judge and jury in a lawsuit.
When negligence or abuse occurs to an elderly person, the perpetrator isn’t always the directly liable party. For example, if a nursing home caregiver committed abusive actions, the nursing home is liable for the harm caused by their employee. If another resident committed abuse, the administrators are liable for failing to properly monitor and protect a vulnerable resident. Proving liability requires documenting evidence that the liable party had a duty of care to the abuse victim, they breached their duty of care, and the elderly person or their family suffered economic and non-economic damages due to the abuse.
It often takes skilled medical experts to examine an abuse victim or their medical records to interpret the evidence proving that abuse occurred. An attorney not only directs an injury victim to the best possible medical care but also to medical expert witnesses who can provide compelling evidence and interpret the evidence in a way that an insurance adjuster or a jury can understand.
Depending on the physical and financial consequences of the abuse, damages can be extensive. An attorney examines the economic costs associated with medical care to address the injury or abuse-related illness and other financial losses. They also assign an amount of compensation for the abuse victim’s pain and suffering or a family’s grief and anguish depending on the circumstances of the case. An experienced attorney examines all avenues for recovering compensation for the best possible outcome.
Once an elder abuse lawyer documents ample evidence of liability and calculates the damages, they present the evidence to the appropriate insurance company and begin negotiations for a settlement. If the insurance company does not offer an acceptable settlement or delays or denies the claim, the attorney files a lawsuit within the two-year statute of limitations and litigates the matter in court.
Although a court case may take longer than a settlement, the compensation is often significantly higher than a settlement because juries tend to sympathize with the injury victim or their grieving family members.
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.
