Blog Home

How Do I Know If My Loved One Was Neglected or Abused Under Arizona Law?
Posted by: Craig Knapp
February 20, 2010
Topic: Nursing Homes

Neglect, abuse, serious injury, and even death are all too common in long-term care facilities.  In Arizona, we have special laws that protect most individuals that reside in nursing homes, group homes and assisted living facilities.  The purpose for our law is to help those who cannot stand up or speak for themselves.  If your loved one was "vulnerable" (18 years of age or older and unable to protect themselves from abuse or neglect by others due to a physical or mental impairment), and suffered an injury due to a caregiver's negligence that's abuse. 

"Abuse" is defined as any of the following:

• intentional infliction of physical harm;
• injury caused by negligent acts or omissions;
• sexual abuse or sexual assault; or
• unreasonable confinement

"Neglect" is defined as a pattern of conduct without the person's informed consent resulting in deprivation of food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health. 

My firm has successfully represented the edlerly and those with special needs in cases involving drownings, sexual assault, medication errors, wandering off, fires, choking, falls, and many other situations when someone was seriously injured or killed by the negligence of a caregiver.  Your loved one has rights.  If you think someone close to you has been abused or neglected by a caregiver or facility, you can take action to make sure this doesn't happen to someone else.

Permalink

Underinsured & Uninsured Insurance For Your Car: Don't Leave Home Without It
Posted by: Craig Knapp
December 06, 2009
Topic: Auto Insurance

Too many times I'm faced with having to advise a client AFTER the fact on the importance of carrying underinsurance (also known as UIM coverage) and uninsurance (also known as UM coverage).  This type of insurance is very cheap and will be extremely valuable if you, or a loved one, are invovled in a car accident.  The reaction from my clients is always the same...."I wish I had known."   UIM and UM coverage cannot be purchased in amounts greater than your bodily injury liability coverage amount.   

How does UIM and UM insurance work?  Consider this hypothetical:  You're invovlved in a wreck and suffer serious injuries (e.g., broken neck and you lost 2 months of work) after a car runs a red light and crashes into the side of you.  The other driver is at fault and has $100,000 of auto insurance to cover your injuries and medical expenses.  Lets assume your damages, the amount you're entitled to for pain, suffering, lost wages, medical bills, etc., is approximately $200,000.  How are you going to collect the other $100,000?  Does the driver of the car that hit you personally have $100,000, or any money over and above his/her auto insurance limit, to pay what they owe you?  There answer in almost every case is NO.  Here is where UIM comes into play.  If you have UIM coverage on your policy, your insurance company will pay you the remaining $100,000.  You're now compensated for your losses and injuries without trying to collect money from someone that does not have it.  

It should also be noted that in a case where there's an unfortunate death from a car accident, more likely than not the surving family members will only be able to collect the available insurance from the negligent driver (in a lot of cases that's only $30,000 or maybe $50,000).  Most people do not have money or assets to pay for this type of loss.  UIM coverage would apply to this situation as well.   

What Can You Do To Protect You And Your Family?  Under Arizona law (A.R.S. § 20-259.01) every insurance company MUST OFFER YOU IN WRITING UIM AND UM COVERAGE with limits not less than the bodily injury liability limits of your policy.  GET BOTH (UIM and UM coverage)!  Also, make sure your UIM and UM coverage is EQUAL, not less than, your bodily injury liability limit.  It's cheap, typically an extra $50-$75 dollars a year, and will really come in handy if your or a family member is faced with a seriously injury or death.

UM, or uninsured coverage, works the same way only UM coverage comes into play if the driver that caused the accident does not have ANY insurance.  You would then collect from your insurance company the damages you are entitlted to recieve (pain & suffering, medical bills, lost wages, etc.).    

How Do I Find Out If I Have UIM And UM Coverage?  Get a copy of your declaration page from your insurance company or broker.  The declaration page will list the coverages you purchased.  Review your auto policy today and get UIM and UM in equal amounts to your bodily injury liablity limit.  Your bodily injury liability limit, UIM limit, and UM limit SHOULD ALL BE AT LEAST $250,000, IF NOT MORE.  Purchase what you can afford but don't be cheap in this area.  The costs are too great should something serious happen on the road to you or someone in your family.  

Permalink

Arizona Pool Fence Laws - Children or No Children
Posted by: Craig Knapp
August 13, 2009
Topic: Pool Safety

Arizona has state and city laws that you must follow regarding your pool.  In 1991, Arizona passed a pool barrier law (A.R.S. § 33-1681), which requires an enclosure surrounding a pool area.  However, cities and counties can adopt their own ordinances or codes as long as they are equal to, or more stringent, than the state law.  Check your city codes/ordinances because they vary widely depending on where you live.  

What is a pool barrier/fence?  Generally, it's a fence or wall seperating the pool from the house or a motorized pool cover requiring a key switch to operate.  Depending on the age of the children in your home, and the law applicable to your city, a wall around your yard may be sufficient. 

Who is required to have a pool fence/barrier?  All residential swimming pools must be enclosed by a barrier.  Families with children under six must also have a barrier blocking access to the pool from the house.  Some cities allow door alarms in place of the pool barrier.  Also, certain homes are exempt depending on when they were built.  However, most homes must be brought up to code if remodeled or sold.

I recently represented a family who lost their 1 year-old boy when renting a home.  He slipped out of sight through a doggy door and drowned.  Sadly, the landlord failed to put up a pool fence as required under the city code.  A child drowning is always preventable.  Know your pool barrier laws and watch your child.  

Permalink

Should I Request An Autopsy?
Posted by: Craig Knapp
May 03, 2009
Topic: Autopsy

The question frequently arises whether or not a loved one who recently died should have an autopsy.  In virtually every case that I am asked this question, my answers is the same . . . YES.  One needs to remember that if they are suspicious of neglect, abuse, medical malpractice or some other wrong-doing relating to their loved one and are considering a lawsuit, you have the burden of proof.  That is, you must pursuade a jury by the preponderance of the evidence that the negligent act caused or contributed to the death.  The defendants have to prove nothing.  By having an autopsy, you'll get answers to the true cause of death.  More importantly, you will be able to rule out other medical conditions which may have existed but did not in any way play a role in the death.  Defense lawyers love to pull out prior medical conditions from the records and argue that these conditions caused the death and not their client's negligence.  Without an autopsy, a doctor is left to speculate and write on the death certificate what he or she thinks caused the death.  Often, they are wrong. 

In Maricopa County, the medical examiner's office does not have to complete an autopsy in every case.  You must make every effort to demand an autopsy and if the medical examiner's office declines you have the right to have a private autopsy.  In other words, you can pay a private forensic pathogist to conduct an autopsy.  This typically costs somewhere between $1500 and $3500.  However, it is extremely important and your case may come down to the results of the autopsy.  Jurors are very interested in the cause of death and expect definitive and concrete answers, which typically come from the autopsy results.     

Permalink

Knapp & Roberts Wins Landmark $11 Million Verdict
Posted by: Craig Knapp
April 12, 2009
Topic: Assisted Living Facilities

On March 19, 2009, a Maricopa County jury awarded one of our clients, Lydia Scherrer, $11 million for the death of her husband. The jury determined that the assisted living facility, Liberty Manor, was responsible for the death of Earl Scherrer, a 36 year old man who suferred from a severe brain injury. Earl's caregiver failed to properly supervise him and allowed him to ingest numerous foriegn objects including plastic bags, ketchup packets, candy wrappers and paper towels. The Medical Examiner, Dr. Lyon, testified that the foreign objects caused an obstruction in Earl's stomach and small intestines leading to his death. The lawsuit we filed set forth claims for abuse, neglect, wrongful death and punitive damages. Then jury found in favor of our client on each count.

Continue Reading