Elder Abuse in Arizona: Your Guide to Helping Your Loved Ones
The elderly are a vulnerable population, and unfortunately, elder abuse can be quite common. Because of deteriorating mental states, an inability to care for themselves, and other factors, the elderly are often easy prey for those wishing to do harm. If an elderly loved one has been victimized, you have the right to seek compensation on their behalf. We explain what to do if you suspect elder abuse, and how to file a personal injury lawsuit.
How Common Is Elder Abuse in Arizona?
Reports from 2024 state that there were over 33,000 cases of alleged elder abuse in Arizona. However, experts agree that this number may actually be much higher, due to people’s reluctance to file an allegation.
In Arizona, elder abuse can apply to anyone over the age of 60. The abuse can be physical, emotional, or financial. It could take the form of neglect or exploitation.
Unfortunately, elder abuse isn’t always committed by a stranger. In fact, it is typically committed by a family member who has taken on the responsibility of caring for the elderly person.
What to Do If You Suspect an Elder Is Being Abused
It can be a shock to discover abuse, especially if it’s committed by another family member. If you are concerned, there are several steps you should take.
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Assess the situation
In emergencies (physical abuse, extreme neglect, or forced prostitution), the authorities should be notified right away. Filing a report with Adult Protective Services and calling law enforcement should be the next steps.
For non-emergency situations, like financial abuse, file an allegation with the proper authorities, make a plan to block the abusers from accessing the accounts, and remove the victim from the abuser’s care.
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Gather information
If you plan to file suit, you will need to gather as much evidence of the abuse as possible. This can include documentation of hospital or doctor visits, along with photos of injuries. Or, it could be photos of living conditions, and receipts (or lack thereof) for groceries or meals.
Any information you can collect will be helpful. While it might not all be used, it is better to collect too much than not enough. If there are pending criminal charges, the prosecution may be able to use your evidence to seek justice through the criminal courts.
In personal injury cases, the burden of proof falls solely on the complainant (the person filing the suit). This means the evidence you collect will be used to prove your case and win a settlement from the opposing party.
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Contact an attorney if you plan to sue
Personal injury cases in Arizona can be complicated and stressful. Lawyers who specialize in these cases will be able to advise you on which evidence to gather and the next best steps to take, which means less stress on you and your family. They also have the expertise to help you secure the highest compensation possible.
Suing for Elder Abuse in Arizona
Under Arizona’s Adult Protection Services Act (APSA), the vulnerable adult, or a family member acting on their behalf, may file a personal injury lawsuit against a person, institution (like a hospital), or company (like a care service) if they are responsible for the abuse. Damages can be recovered for things like medical expenses, pain and suffering, or loss of the enjoyment of life.
There are two important factors to understand when suing for elder abuse:
- The burden of proof rests solely on the complainant. This means you need to provide ample evidence of the abuse for the court to assess.
- There is a two-year statute of limitations on cases of elder abuse. This means that all cases must be filed within two years of the discovery of the initial injury.
Personal Injury Lawyers in Scottsdale, Arizona
Hiring an expert personal injury lawyer is a must when suing for elder abuse. Here at Van Norman Law Firm, we have over 25 years of experience representing personal injury cases in Arizona. Our team can advise you on the strength of your case and help you calculate how much to ask for in damages.
If your loved one has suffered elder abuse, you can act on their behalf. Contact Van Norman Law today to request a free consultation.
Images used under creative commons license – commercial use (6/4/25). Photo by Rad Cyrus on Unsplash.