Negligence Law Firm in Phoenix

What is Negligence and How Can It Occur?

Negligence can arise in many different injury cases. It is the failure to exercise care that leads to injury or death. Negligence is determined by a few factors:

• whether there was a duty owed;
• whether that duty was breached; and
• if so, what consequences ensued.

How is Negligence Proven?

A plaintiff need not show direct evidence to establish liability for injury caused by negligence because “negligence suffices as an indirect cause when it contributes materially and substantially to making another person’s wrongful act effective.”

recoverable damages in a case of negligence

Usually, there are three types of damages sought in cases involving negligent acts: economic loss (e.g., pain and suffering); physical impairment (e.g., lost wages due to disability); emotional distress (e.g., posttraumatic stress disorder).

Negligence in Nursing Home Abuse and Neglect Cases

According to the National Council on Aging, approximately five million older adults experience abuse annually in the United States, with victims of financial exploitation estimated to incur an annual loss of at least $36.5 billion. The World Health Organization reports that abuse in the geriatric population can result in lasting psychological consequences and serious physical injuries.

It is never easy to put a loved one into a nursing home/assisted living facility. Trust is the foundation of care, and this is not always upheld. As such, negligence may play a major factor in many elder abuse cases. If you suspect that a loved one is being neglected or abused, it is essential to discuss your potential case with an experienced Arizona elder abuse attorney immediately.

discuss your negligence case with an experienced attorney

Our legal team at Southwest Injury Law understands that this is a difficult and traumatic time for you and your family. Our attorney, Luis Ayon, is passionate about holding nursing homes and care facilities responsible for the damages that come from abuse or neglect. Call our Phoenix office at (602) 777-3300 to schedule your free case review today.