Legal Question in Medical Malpractice in Louisiana

Nursing Home Wrongful Death Laws

In a wrongful death case against a nursing home, is the age of the deceased at the time of death in any way a factor in the determination of a settlement amount in a case being settled out of court or otherwise?

Restated, can a monetary value be put on someone's life that would allow the settlement amount to be based on the deceased's age at the time of death?

Thank You


Asked on 10/26/00, 12:54 am

2 Answers from Attorneys

John Bisnar Bisnar & Chase, LLP

Re: Nursing Home Wrongful Death Laws

In a wrongful death case against a nursing home, is the age of the deceased at the time of death in any way a factor in the determination of a settlement amount in a case being settled out of court or otherwise? Yes. The age, more importantly the projected life expectantcy, earning capacity and quality of life are some of the factors that impact the perceived value of a case in a wrongful death case. Also, the facts of the case itself, outside of the damages to the individual or surviving heirs, is extremely important to consider in a settlement of a claim. How the injury occured, were their violation of Nursing Home Regulations, has the home been sited for violations previously and so on play a major factor in my determination of the value of a case.

Please get yourself professional representation. Trying to compete with professionals in any area of expertise without being a professional in that area yourself is like doing your own brain surgery.

The "top notch" Nursing Home Abuse law firms will all give you a free consultation and fee case evaluation. Most of them (like my firm) do these type cases on a contingent fee basis, meaning that you pay no fee until money is collected from the case on your behalf.

I am very interested in talking to you about this case. John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123.

Read more
Answered on 11/16/00, 8:26 pm
Jeffrey Zinder Zinder & Koch

Re: Nursing Home Wrongful Death Laws

Yes. There are many factors that are taken into consideration in a settlement, including the health of the decedent, age and health of the survivors and the closeness of the relationship to name a few. You should consult with counsel experienced in these matters. If you would like further help you may contact me at 818-760-0100 ext. 101.

Read more
Answered on 11/15/00, 9:01 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Louisiana