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What's a Life Worth?
I represent the estate of a deceased 85 year-old man. This gentleman died from a fungal disease contracted as a result of neglect at the nursing home he living in. My question is; how much should the estate expect to settle for? I realize that this man was elderly, but that obviously doesn't mean that his life wasn't "worth anything". Do insurance companies have any sort of basic chart that denotes what a life is worth (as harsh as that may sound)?
Any help would be much appreciated.
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Nursing Home Neglect
The 'conventional wisdom' (which the nursing home and its lawyers will try to convince you applies to the man's situation) is that the damages for the deaths of the elderly should be small because "they were going to die soon, anyway". In the past ten or twenty years, juries have demonstrated that they often don't buy into that argument, particularly where the defendant's conduct is particularly egregious. But it's hard to know how much a case is worth without knowing all of the details - and you have to keep a close eye on the statute of limitations.
I would suggest that you consult a local malpractice lawyer about the case, relating the insurance company's last offer, and see what the lawyer believes the case is worth. Try to find a malpractice specialist lawyer or firm - the value of a case can go up significantly in the hands of a lawyer the defendants know can clobber them in court.
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Thanks, Aaron. I know the "worth of a life" issue is a very gray area, but do you happen to know if punitive damages are also added in neglect cases?