What is the name of your state? New York
My mother, 83 years old, had a mild stroke, was discharged from the hospital to a local nursing home, then contracted Legionnaire's Disease there after 30 days, went back to the hospital to die there several days later. I talked to a lawyer over the phone from a firm recommended by my boss. He said that in such a situation there is a lot of latitude to argue and assign liability, but
1) For a wrongful death lawsuit, the settlement is calculated according to the future loss of income of the victim, and
2) for a personal injury lawsuit, the settlement is calculated according to the quality of life of the victim; therefore,
neither of these lawsuits are worth bothering with for an 83 year old in a nursing home.
Do you agree with this?
My mother, 83 years old, had a mild stroke, was discharged from the hospital to a local nursing home, then contracted Legionnaire's Disease there after 30 days, went back to the hospital to die there several days later. I talked to a lawyer over the phone from a firm recommended by my boss. He said that in such a situation there is a lot of latitude to argue and assign liability, but
1) For a wrongful death lawsuit, the settlement is calculated according to the future loss of income of the victim, and
2) for a personal injury lawsuit, the settlement is calculated according to the quality of life of the victim; therefore,
neither of these lawsuits are worth bothering with for an 83 year old in a nursing home.
Do you agree with this?