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Legal Eagle
Legal Eagle, Lawyer
Category: Personal Injury Law
Satisfied Customers: 5283
Experience:  Licensed to practice before state and federal court
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What is the amount in controversy when suing a nursing home?

Customer Question

What is the amount in controversy when suing a nursing home?
Submitted: 2 months ago.
Category: Personal Injury Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I need a little bit more information regarding your case. Usually, when people are talking about the amount in controversy that typically means that a federal court needs a minimum amount in controversy before they are able to hear particular case. Could you provide me a little bit more background?

Customer: replied 2 months ago.
Sure, nursing home resident was in distress an employee saw no qualified person take action. It is believed that the on staff doctor had a breakdown & refused to take immediate action. The elderly man passed away.
Expert:  Legal Eagle replied 2 months ago.

You know, perhaps I'm a little bit dense today, but could you help me understand what specific questions you had about this.Is somebody suing the doctor because the elderly man passed away?,

Customer: replied 2 months ago.
If the estate sues the doctor & the nursing home for damages due to their negligence what is the maximum amount of money the law will allow them to recover?
Expert:  Legal Eagle replied 2 months ago.

Thank you very much for clarifying According to a trusted source, “In Texas, punitive damages may not exceed more than two times the amount of economic damages plus the amount equal to non-economic damages not to exceed $750,000 or $200,000, whichever is greater.For instance, if someone sues a corporation for a brain injury case after suffering an injury due to gross negligence and this person is awarded $1.5 million to cover economic loss and $3 million to cover non-economic loss, then the total amount possible for punitive damages would be $3,750,000 (two times $1.5 million plus the $750,000 maximum amount from non-economic damages).”

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Customer: replied 2 months ago.
What economic damages could an elderly person living in a nursing home have?