What Is the Average Settlement for a Nursing Home Abuse Claim in Arizona?

Arizona nursing homes should be a place where loved ones can spend independent lives with quality around-the-clock medical care, nutrition, and social engagement. They should be a place where residents with physical and cognitive disabilities can function and enjoy life. Sadly, many nursing homes fail to provide competent care. Worse, some nursing homes either engage in or permit their residents to suffer physical abuse, sexual abuse, and other types of abuse.

At Garcia & Artigliere, our elder nursing home attorneys file complaints against nursing homes, hospitals, and any long-term care facility that agrees to care for residents when those institutions cause loved ones to suffer injuries or illnesses. Our Arizona lawyers represent residents, including those with dementia. We also represent families of loved ones who died.

Our team of elder abuse and neglect lawyers has secured more than $3 billion in recovery for our clients — many of whom are residents of nursing homes. We have more than 150 years of combined experience filing personal injury and wrongful death complaints for nursing home victims nationwide. Our team works aggressively to show why your loved one’s nursing home is liable and to maximize the financial recovery.

What types of nursing home abuse and neglect claims do you handle in Arizona?

Our nursing home lawyers represent clients in Phoenix, Arizona, who suffer any type of abuse or neglect, including physical abuse, sexual abuse, and emotional abuse. We represent nursing home residents who suffer any harm, including:

• Medication mistakes
• Delayed diagnosis and treatment of strokes
• Dehydration and malnutrition
• Falls
• Bowel and bladder disorders
• Fractures
• Abuse by other residents
• Violations of the rights of nursing home residents
• The use of physical or chemical restraints
• Elopement and wandering
• Neglect
• Wrongful death

Some of the injuries residents may suffer in addition to those in the above list include head trauma, spinal cord injuries, burns, the worsening of medical conditions because of improper medication care, heart failure, and many other types of physical and emotional trauma.

Nursing homes may be liable for your loved one’s harm due to understaffing, failure to comply with Medicare and Medicaid requirements, failure to comply with California nursing home laws, a lack of individual care plans, poor design of the facility, and many other reasons.

What factors determine the value of a resident’s claim in Arizona?

There’s no perfect formula for determining the value of your loved one’s Arizona nursing claim. We review the diagnosis and prognosis for your loved one’s injuries and the treatment they will need for the rest of their lives. Our lawyers and the insurance companies for the defendants generally consider the following factors when deciding the value of your loved one’s claim:

• The type and severity of the injuries or illnesses. Generally, injuries and illnesses that are life-changing, such as traumatic brain injuries or strokes, are worth the most. Injuries that are permanent are also likely to settle for a higher amount. While injuries that heal with time may be worth less, they still can settle for large sums because of the suffering they cause.
• The victim’s life expectancy. Every day of every life has value. In most cases, the value of a nursing claim is greater if the injury/illness reduces your loved one’s life expectancy.
• The type of care your loved one needs. Residents who need surgeries or hospitalizations are likely to receive more – though other factors, such as the length of rehabilitative care your loved one requires, can affect the amount of the settlement.
• The length of the abuse. Nursing homes that engage in or permit long-term abuse are likely to have to pay more to settle your loved one’s claim.

Other factors that affect the settlement of a nursing home claim in Arizona include who the defendants are, the amount of available insurance, the amount of the medical bills, the ability of a loved one or others to testify, and the likely results if a jury hears the claim.

What is the value of an Arizona nursing home claim?

At Garcia & Artigliere, we thoroughly prepare your case before we make a settlement demand. This preparation includes obtaining medical reports and bills, speaking with your loved one and the people who care for your loved one, and reviewing the quality of your loved one’s life. While each case differs, we work to place a specific value on the following elements:

• Medical expenses. These costs include emergency care, including paramedic care, surgeries, hospital stays, physical therapy, occupational therapy, psychological counseling, other types of rehabilitative care, medication, assistive devices such as wheelchairs, and assistive devices such as devices to help with communication.
• Physical pain and emotional suffering. This amount includes compensation for every day your loved one has aches, pain, discomfort, anxiety, depression, or other trauma.
• Other damages, including:
  • The loss of any bodily function, which can be quite distressful because your loved one is already likely having difficulty moving.
  • The inability to enjoy life’s daily pleasures, including social enjoyment.
  • The cost of moving to another nursing home in Arizona.
  • Any other financial or non-economic damages.
• Punitive damage. We seek damages when nursing homes in Arizona act unconscionably to punish the nursing home and deter them from further misconduct.

We also demand wrongful death damages if your loved one died due to nursing home negligence in Arizona. Wrongful death damages include the funeral and burial costs; the loss of comfort, guidance, love, and personal support, the loss of any financial support; and the emotional pain and suffering of the survivors.

How much is my loved one’s nursing home claim worth in Arizona?

At Garcia & Artigliere, we fight to maximize your loved one’s recovery based on how much comparable cases have settled for in the past and how much we think a jury is likely to award if the case goes to trial.

Our record of success includes many settlements for millions and hundreds of thousands of dollars, including:

• $38.6 million in a nursing home abuse and neglect case, considered to be the largest Elder Abuse and Dependent Adult Civil Protection Act settlement (EADACPA) in California history.
• $12 million in a nursing home abuse and neglect class action lawsuit.
• Three cases for $12 million, $12 million, and $9 million, respectively, in nursing home abuse and neglect class action lawsuits based on the nursing home’s failure to provide enough quality staff workers (understaffing).
• $5.4 million in a nursing home sexual abuse and assault case.
• $5.2 million trial verdict for a resident of a licensed residential facility for the elderly who suffered 16 falls.

Our Arizona nursing home lawyers will explain how the claims process works and review each step of the settlement negotiating process with you. Garcia & Artigliere maintains an office in Phoenix at 2375 E Camelback Rd. We’re ready to fight for you and your loved one.

Call our Phoenix office or fill out our contact form to schedule a free consultation today. We also have offices in Los Angeles, Long Beach, Louisville, and New Orleans.