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Legal Question
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Tracy in WI
- Posts: 1624
- Joined: Tue Aug 08, 2006 8:39 am
- Location: Wisconsin
Legal Question
I'm hoping to get some general advice here on a family matter - pretty sad one. Sorry that it is pretty long and rambling.
A few months ago, my 40 year old cousin died. He was feeling ill, numbness on one side of his body and drove himself to the ER while out of town for business. He did not have insurance and was eventually released the same night. He was still very sick and was released to the care of this hotel manager whom he did not know. The manager was very kind and took him to the hotel, set him up in a room and brought him some water. The manager checked on him the next day and my cousin was still lying in the same position and in pain, but asked for more water. The following day at check out time, the manager came to check on him again and he was dead.
As it turns out, my cousin was from Wisconsin and was delivering and selling Christmas trees in Florida before Christmas. He was bitten by some type of spider and was given some antibiotics for the bite. He seemed fine. His autopsy showed that he had an infection throughout his body apparently from this spider bite a few months earlier. I don't know what type of spider it was.
Well, he wasn't married and had no children. His mother is devastated but finally called an attorney to see about a wrongful death suit since the hospital released him and since the hospital released him to the care of this hotel manager. We feel that he was released due to the fact that he had no insurance and that if they would have kept him, he would be alive today.
We have been told that since he was not married and had no children, that there was no case. I don't understand this. Why would his life be less valuable because he wasn't married and had no children? Anyone with any input on this?
A few months ago, my 40 year old cousin died. He was feeling ill, numbness on one side of his body and drove himself to the ER while out of town for business. He did not have insurance and was eventually released the same night. He was still very sick and was released to the care of this hotel manager whom he did not know. The manager was very kind and took him to the hotel, set him up in a room and brought him some water. The manager checked on him the next day and my cousin was still lying in the same position and in pain, but asked for more water. The following day at check out time, the manager came to check on him again and he was dead.
As it turns out, my cousin was from Wisconsin and was delivering and selling Christmas trees in Florida before Christmas. He was bitten by some type of spider and was given some antibiotics for the bite. He seemed fine. His autopsy showed that he had an infection throughout his body apparently from this spider bite a few months earlier. I don't know what type of spider it was.
Well, he wasn't married and had no children. His mother is devastated but finally called an attorney to see about a wrongful death suit since the hospital released him and since the hospital released him to the care of this hotel manager. We feel that he was released due to the fact that he had no insurance and that if they would have kept him, he would be alive today.
We have been told that since he was not married and had no children, that there was no case. I don't understand this. Why would his life be less valuable because he wasn't married and had no children? Anyone with any input on this?
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mindehankins
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- Location: Western NY State
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Pete (Mr. Marcia)
- Posts: 1471
- Joined: Mon Aug 07, 2006 4:48 pm
- Location: Madison, Wisconsin
Disclaimer...I'm just an employment lawyer...I don't do PI.
Here's my hunch, though. I suspect that the lawyers are saying that there "is no case" because it is not a case that would be attractive, from a monetary standpoint, for them. As you probably know, most PI lawyers work on a contingency fee basis. They usually take a third of the settlement or judgment.
A wrongful death case of a husband that is survived by a child and/or spouse is more valuable because the damages can be measured by the economic impact that the loss of the husband's earning capacity will have on the spouse and/or child. For example, if the husband was earning $40,000 a year and expected to work another 20 years, that's $800,000 in hard damages. Damages also can be recovered for the loss of companionship and, in the case of the spouse, for lost consortium.
The surviving mother, however, may not be able to make a similar claim for damages unless she can show that she was dependent on her son for support.
From a legal standpoint, there probably is a "case." It is just one that many attorneys would not want to take because the cost of proving the case may be more expensive than the payout they likely would receive. Sucks, I know.
Regardless, I am sorry for your loss. That is way too young to go.
Oh, let me know if you want me to run the situation by some PI attorneys I know. I would be glad to do that. PM me if so.
Here's my hunch, though. I suspect that the lawyers are saying that there "is no case" because it is not a case that would be attractive, from a monetary standpoint, for them. As you probably know, most PI lawyers work on a contingency fee basis. They usually take a third of the settlement or judgment.
A wrongful death case of a husband that is survived by a child and/or spouse is more valuable because the damages can be measured by the economic impact that the loss of the husband's earning capacity will have on the spouse and/or child. For example, if the husband was earning $40,000 a year and expected to work another 20 years, that's $800,000 in hard damages. Damages also can be recovered for the loss of companionship and, in the case of the spouse, for lost consortium.
The surviving mother, however, may not be able to make a similar claim for damages unless she can show that she was dependent on her son for support.
From a legal standpoint, there probably is a "case." It is just one that many attorneys would not want to take because the cost of proving the case may be more expensive than the payout they likely would receive. Sucks, I know.
Regardless, I am sorry for your loss. That is way too young to go.
Oh, let me know if you want me to run the situation by some PI attorneys I know. I would be glad to do that. PM me if so.
Wisconsin, smell the dairy air
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sailorgirl
- Posts: 1644
- Joined: Mon Oct 30, 2006 3:03 pm
Pete is on the money. I am a PI lawyer. Although it sounds harsh, taking a case is a cost benefit analysis. Prosecuting malpractice cases is very expensive so case selection is important. You have to factor in the cost of bringing the case which is borne by the attorney against the probabale outcome. I don't know the law in Wisconson but in New York these cases have two separate damage components; pecuinary loss, which Pete already explained and conscious pain and suffering, ie the pain incurred as a result of the wrong doing prior to death. Hope this helps.
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Tracy in WI
- Posts: 1624
- Joined: Tue Aug 08, 2006 8:39 am
- Location: Wisconsin
Thanks for your replies - it makes total sense. I was just really upset to hear that the lawyer that was contacted said my aunt has no rights to anything because he wasn't married or didn't have children. That part made no sense to me.
I will forward on all your information and I really appreciate it.
I will forward on all your information and I really appreciate it.
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sailorgirl
- Posts: 1644
- Joined: Mon Oct 30, 2006 3:03 pm
It may also have been some poor or mis comunication. If she is interested in pursuing this she should consider consulting another.Tracy in WI wrote:Thanks for your replies - it makes total sense. I was just really upset to hear that the lawyer that was contacted said my aunt has no rights to anything because he wasn't married or didn't have children. That part made no sense to me.
I will forward on all your information and I really appreciate it.
What a sad story. I'm so sorry for the loss. My mother suffers from severe vascular disease and I've had to take her to the emergency room on several occasions. Before she was diagnosed, I can remember the emergency room doctors in New Haven telling me that they could only keep her if she had a temperature and I've heard that over and over again. If he had an infection throughout his body, I can only imagine he definitely had a temperature. I always see signs in the er rooms that even patients without insurance will be treated. Is that just b-s or just in CT? I'm sure there's a compassionate lawyer out there somewhere that will listen. Good luck. Ali~
STJ - I "get it"