Nursing Home Wrongful Death Claims in Arizona
When neglect or abuse contributes to a resident's death — from an infected bedsore, dehydration, a fatal fall, or another failure of care — the family may have a claim. These cases are handled with compassion and with the seriousness they deserve.
Wrongful death and survival claims
The family may have a wrongful death claim for their own losses, and a survival claim for what the resident endured before death. Where elder abuse is involved, enhanced remedies may also apply. The rules on who may bring these claims differ by state.
Establishing the cause
Facilities often attribute a death to age or underlying illness. Determining whether neglect or abuse caused or hastened the death requires the records and, often, medical review — which we handle.
How we help
We investigate the care and the cause of death, apply the elder-abuse and wrongful-death rules, and pursue accountability with care for the family. The review is free and confidential. Se habla español.
How much is my nursing home abuse case worth? →
Frequently asked questions
The facility says my parent died of old age. Can we still have a claim?
Possibly. Facilities often attribute a death to age or illness, but neglect or abuse may have caused or hastened it. Determining that requires the records and often medical review, which we handle.
Arizona law — what people ask
How long do I have to file an injury claim in Arizona?
Generally two years. But if a public entity is involved you must serve a formal notice of claim within 180 days and file suit within one year — and Arizona runs a much shorter one-year clock on dog-bite strict-liability claims specifically.
Can I still recover if I was partly at fault in Arizona?
Yes. Arizona applies pure comparative negligence, so fault reduces your recovery rather than ending the claim, and there is no percentage at which it cuts off. Arizona also treats fault questions as belonging to the jury rather than being resolved beforehand.
Does Arizona cap what I can recover?
No — and this sets Arizona apart from most states. Its constitution prohibits laws limiting damages for injury or death, and that applies to medical-malpractice claims too, where most states impose a cap. If you have read that pain and suffering is capped, that is not Arizona law.
What if more than one party was responsible?
Arizona generally applies several liability, so each responsible party answers for its own share rather than the whole judgment. That makes identifying every responsible party early a practical question about what is actually collectible.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured coverage is the usual route. Arizona also requires insurers to offer that coverage in writing — so if you were told your policy carries none, the underwriting file is worth checking before that answer is accepted.
Will the jury hear that my health insurance paid my bills?
Usually not — Arizona generally follows the collateral source rule. Medical-negligence cases are the statutory exception, where that evidence has been made admissible, which changes how medical damages are presented in those claims specifically.
Injury law in Arizona
Arizona injury law has some features that set it apart from its neighbors.
- Filing deadline: Arizona generally gives you two years from the injury to file, but only 180 days to serve a notice of claim on a public entity.
- Fault: Arizona follows pure comparative negligence — being partly, or even mostly, at fault reduces your recovery but does not bar it.
- Damage caps: Arizona is unusual: its constitution prohibits caps on injury or death damages, so a statutory cap does not limit what you can recover.
- Multiple defendants: Arizona generally applies several (not joint) liability, so each responsible party is accountable for its own share.
Related nursing home abuse types
California injury law
This is general information about Arizona injury law, not legal advice. Every case is different.
Worried a loved one is being neglected?
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.