How much is my nursing home wrongful death case worth?

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  • เผยแพร่เมื่อ 1 เม.ย. 2021
  • Today, we're going to be discussing the issue of: how much is a nursing home abuse and neglect wrongful death case worth? My name is Barry Doyle. I'm a lawyer in Skokie, practicing nursing home abuse and neglect work throughout the state of Illinois. I'm also the author of, "Built to Fail," a free report available for download from my website, which spells out how the nursing home business model inevitably produces unnecessary injuries and deaths for nursing home residents.
    One of the questions that clients commonly have for me when they are considering pursuing a nursing home abuse and neglect case resulting from the death of a loved one is, how much is this thing going to be worth? There are a number of variables that go into assessing the fair settlement value of a case, but in the event that a case can't be settled, a case is going to be worth what did jury decides it's going to be worth. Past that, you have to reach a settlement agreement, which involves coming to an agreement between yourselves and the insurance company as to what you think the fair settlement value is.
    There are a number of variables that go into how we go about evaluating a case for settlement. One of those variables is the amount of liability insurance coverage. One of the surprising facts about nursing homes in Illinois is that they are not required to carry liability insurance. You have to have that to drive your car, but they don't have to have any at all to operate a nursing home. Many nursing homes are fairly well insured. They typically will carry a billion dollars worth of coverage, or however, there are some that carry relatively small amounts of insurance coverage and those amounts are actually reduced by defense costs. So the amount of insurance coverage is an important variable that needs to be considered.
    Past that, the main factor that goes into consideration is the assessment of liability. There are two main factors in thinking about the issue of liability. One is how clear cut is the issue of substandard care. If there is good proof that the care was, in fact, substandard that obviously is helpful in terms of driving settlement value. Where the evidence is available to show that the care was poor is not as strong. That tends to drive down the fair settlement value of the case. Beyond just showing that there is evidence of substandard care, you also have to show that the substandard care was a cause of the injuries that are being claimed, including the death of the resident.
    Causation in a nursing home abuse and neglect case is often a tightly contested issue most often because the nursing home residents often have longstanding chronic medical conditions that the defense lawyers will try to present as being the cause of the resident's injuries and death. This is something that needs to be considered very closely because these are issues that juries sometimes quite frankly, don't understand and they have a difficulty assessing whether or not something was a cause of the death of the resident.
    The final variable that goes into this is the nature and extent of the injuries and damages. Part of this would be medical expenses. Part of this would be the pain and suffering that was experienced before somebody passed away. Then the last variable would be the wrongful death elements of damages, which there are three main elements that go into that. One would be loss of society or the loss of the family relationship, loss of economic support, which in nursing home abuse and neglect cases is often zero, and that it would be the grief of the surviving next of kin.
    All of these factors need to be considered together. Trying to evaluate a case for settlement is more art than science, but it's also one of really, the most important tools that skilled nursing home abuse and neglect lawyers have in trying to make recommendations for clients regarding trying to resolve a case short of going to trial. I hope you found this interesting. If you have any questions regarding this or any other nursing home abuse and neglect issue, please feel free to reach out to us. Our number is (312) 263-1080, or we can be reached on the internet at www.accidentlawillinois.com. Thank you for watching.

ความคิดเห็น • 1

  • @Trump-fo6jz
    @Trump-fo6jz ปีที่แล้ว

    Dude, I want to thank you for writing the letter for my brother to the state while he was at Symphony Care 3400 S. Indiana and filing his case.
    This place should be forced to close, they stole a care package and I had to get the post master involved, it was the 2nd floor nurse tried stealing it, until she was caught lying because of gps.
    Post master said shewas gonna open a official investigation, like Magic she found it.
    He is organized his notes on the food tickets and tempeture readings below health code standards. ( diarrhea is bad enough, crippled legs and hand a nightmare). Sitting in feces for hours. Just about everyday.
    Denied him seeing his doctor, canceling his appointments.
    Falsifying medical records.
    Tried to chemically restrain him, claiming hes depressed and crazy.
    (No pysch evaluations ever done, only sae a nurse).
    Lied about the places available for him NONE, out in Arlington Hieghts area.
    I told the nurse shes trying to start a race war or just likes abusing old people and wish I was a woman, Id fly back and kick her teeth in.
    Thankfully he was transfered.
    But they put him in a mental institution.
    HE IS NOT MENTALLY ILL!!!!!!!!!
    Doctors have no accountability.
    Thanks again