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RBinJax, Attorney
Category: Legal
Satisfied Customers: 731
Experience:  Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.
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KY nursing home was sited by the state, as a result of patient

Resolved Question:

KY nursing home was sited by the state, as a result of patient death for not notifying Dr. in timely manner, for medication errors, for failure to protect patient from medication error and also was sited for not following Dr.'s orders. We've filed suit and attorney is asking us to agree to settle out of court for $100,000 to 150,000. Wanting to know if that is an amount we should consider? Is it an average award for this sort of settlement?
Submitted: 7 years ago.
Category: Legal
Expert:  RBinJax replied 7 years ago.

Is this your attorney asking you to settle or the nursing home's attorney? If it is your attorney and you feel comfortable with him/her, then you should consider it, but ask to meet with the attorney and ask him/her to show you reports of what similar cases have settled for or been awarded at trial. There should be a jury verdict/settlement award reporting service in KY that can give guidance as to what may happen in your case if you proceed forward.

Please keep in mind that if you go to trial, everything is out of your hands-the jury and judge will make all of the decisions, and juries and judges are strange critters prone to do unusual things in unpredictable ways. Even with the strongest facts you can get a jury with someone on it who just is against treating people fairly, or a judge who can quietly sway the case based upon the rulings made during the trial.

With a settlement you get two things-finality and certainty-that you cannot get at trial. A successful verdict for you can be appealed, and you do not know what the jury is going to until it is done.

Without knowing more about the facts of the case than can or should be posted on this site, meet with your attorney and ask him to explain why a settlement in that range is appropriate and show you the facts to support it. Then make your decision.

I hope this answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.

Customer: replied 7 years ago.
We have been contacted by our attorney in WV who was contacted by the attorney he has used to file in KY. Is it appropriate to ask for us to request a meeting with the KY attorney to discuss his reasoning for this amount?
Expert:  RBinJax replied 7 years ago.

Absolutely. That attorney is your attorney and answers to you. There is no reason in the world to not meet with him/her.

Before holding the conference, it may be a good idea to write/fax/e-mail the attorney in advance as to your questions and concerns so that he/she may have the opportunity to assemble the information you wish to see. The meeting could be done by telephone if you wish and the attorney can send you some or all of the information in advance, as that can make answering questions easier if you have something in front of you to look at and follow along with while you speak.

I hope this helps. If you have further follow up questions, please advise. If I have answered your questions, please click Accept. Thank you.

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