$1.8 Million Awarded to the Estate of an Elderly Nursing Home Patient Who Died From a Fall
DEKALB COUNTY, GA – According to an online news report at law.com, a jury from Dekalb County, Georgia, a jury awarded the estate of an elderly nursing home patient $1.8 million as a result of fatal injuries she sustained from falling from a bed as the sheets were being changed.*
A jury in DeKalb County awarded the estate of an elderly nursing home patient $1.8 million due to a fatal head injury she sustained after she fell from a bed as workers changed the linens.
The award issued by the jury is covering the pain and suffering of the 70 year-old woman but does not include damages for wrongful death. The verdict demonstrates how a jury could award damages for the suffering of a terminally ill patient.
“One of the interesting things about this kind of case is how a jury would look at her. What is the pain and suffering worth for a woman dropped on her head who probably only had another six months to live?” said one of the attorneys for the woman’s estate.
“The jury answered that very important question: Their pain and suffering does matter,” said the attorney.
According to the attorney, his team made an offer of $500,000 on the claim for pain and suffering and an offer that is similar for the wrongful death claim. These were both declined. According to the online report, because of this, the attorneys will be pursuing attorneys’ fees pursuant to Georgia’s Offer of Judgment statute “under which a party that declines a settlement offer then loses at trial by at least 25 percent more than the rejected offer may have to pay the opposing party’s fees from the date of the offer.”
The attorneys nevertheless pursued the case to trial, where the deceased woman’s estate was awarded $1.8 million for the pain and suffering she endured as a result of her fall.
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Source:https://www.law.com/dailyreportonline/2019/04/29/dekalb-jury-awards-1-8m-for-woman-who-died-after-nursing-home-fall/ and https://law.justia.com/codes/georgia/2010/title-9/chapter-11/article-8/9-11-68/