Everybody counts: one big problem in death claims involving the elderly

Imagine that you’re driving home from work. Coming up to a red light, you see an elderly man step off the curb at the intersection. The car next to you doesn’t see him, and turns right – directly into him.

You, being a good citizen, call 9-1-1.

The operator tells you that all of the ambulances are busy with more valuable people. You call the police: they won’t come because a young person got in an accident down the street, and well, it’s more important that they tend to him. You take the elderly man to the hospital yourself, but the ER doctor won’t see him, since he’s going to die soon anyhow.

Sounds crazy, right?

A little legal background:

When an elderly person dies as a result of nursing home neglect, their family can file a lawsuit. This is called a “wrongful death” claim.

What most families aren’t prepared for: the claims adjusters and defense attorneys arguing that the death of their parent, grandparent or sibling has little value, since they were going to die soon anyhow.

My response to this is always the same: either everybody counts or nobody counts.

Outside of litigation, no one rates the value of people’s lives by age.

Here, we are talking about the death of an elderly loved one. Someone that we understood had only a short time to live. Someone that we understood was not going to be with us for that much longer.

Regardless of the short time that our loved one may have had with us, when they are wrongfully taken from us, there must be an appropriate accounting for the injury, abuse or neglect that took them too soon.

The life was shortened, regardless of how much or little it may have been shortened.

It may have been just a few more holidays with the family, just one more wedding, just a birthday party. Those of us who have lost a close relative would give a lot for one more day.

We can’t allow lawyers for negligent nursing homes to diminish the value of our memories and experiences with our loved ones.

 

This post was adapted from nursing home abuse attorney Kevin Coluccio’s article Everybody counts: Death of our older clients, originally published in Trial News, February 2014, for the Washington State Association for Justice trial lawyers.

About Kevin
Kevin Coluccio was recently named one of the Top 10 Super Lawyers in Washington State. He has long history of successful elder abuse/neglect cases and has a stellar reputation for getting results for his injury clients in serious car crashes, pedestrian accidents, trucking accidents, maritime claims, and asbestos injury cases.