Understanding Wrongful Death Settlements

Summary

The users father died in a nursing home in Rhode Island, and a wrongful death lawsuit has been filed. The user, one of three siblings, is concerned about the proposed settlement amount and the division of the funds. She suspects her sister, who is the executor of the estate, might be trying to secure more money from the settlement. The user has expressed her concerns to the attorney handling the case but feels that her questions and concerns are not being adequately addressed. She is considering seeking advice from another attorney. The user also believes that the nursing home was negligent in its care for her father, contributing to his death.

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Wrongful Death
I'm sorry to hear about your loss, ****. Can you please provide more details about the incident? This will help me understand your situation better.
sure
What is the relationship between you and the deceased, and where did the incident occur?
i lost my dad in March last year. We have a wrongful death suit I’m just thinking there’s more than what was presented to me. One of * children and the settlement amount.
What state did the incident occur in? This will help me provide you with the specific wrongful death laws for that location.
RHODE ISLAND
What is the proposed settlement amount and who is responsible for the wrongful death according to the lawsuit?
* adult children, an attorney and us * are only receiving $*,* each? Tge nursing home where he fell. Death certificate blunt forced teams
What is the total settlement amount and how was it divided among the parties involved?
trama
What is the total settlement amount and how was it divided among the parties involved?
it has not been received or divided yet.
What is the role of the attorney in the division of the settlement amount?
I believe the Attorney is getting *% and supposedly we, the * kids won’t get paid out until next Feb
What is the total settlement amount proposed by the nursing home?
I’m not positive ????
What is the basis of the wrongful death claim against the nursing home?
My dad fell his walker was across the room. Plumented face first. Contusion up until death date in Hospice. Bad heart liver kidney disease
What evidence do you have to support the claim that the nursing home was negligent or at fault for your father's fall?
They found him on the floor..
What actions have been taken against the nursing home so far in terms of legal proceedings?
My sister opened up the case as the executor, collected his small life ins policy, and I believe she may be trying to get damages outside wrongful death
What actions has your sister taken that make you believe she is trying to get damages outside of the wrongful death claim?
she said she was trying to get rich off of it, after I stated this is going to cause a lot of hardship.. and when I asked her about the life ins she stated she needed to live after it paid the cremation. She lived with my dad prior to this fall.
What actions have you taken so far to address your concerns about your sister's handling of the case?
I told the Attry I wanted to see the paperwork, and settlement agreement
What was the attorney's response when you asked to see the paperwork and settlement agreement?
he sounded alarmed and said we talked about this and I can explain it again
What did the attorney explain to you about the settlement agreement and the division of the funds?
That my dad was a very sick man and howling he had before the fall is what the nursing home will prove.
What evidence does the nursing home have to prove that your father's health condition was already poor before the fall?
he went there to rehab to start dialysis again it didn’t work in the hospital. The lawyer said we also have to pay Medicaid back.?
Why does the lawyer say you have to pay Medicaid back?
im not sure he said Medicaid paid his bills like a loan. I’m not believing that. AND I just believe my sister is trying to get more money
What evidence do you have that suggests your sister might be trying to get more money from the settlement?
She told me. She deserves more because she participated in tZking care of him. She did but she was homeless and my dad told her to stay with him
What evidence do you have to support your claim that your sister is trying to get more than her fair share of the settlement?
i don’t really… I have a feeling. She had not spoke to me since my mother told me she was trying to bambozle (spelling )
What actions have you taken to address your concerns about your sister's handling of the case?
nothing
What steps are you willing to take to ensure a fair distribution of the settlement?
anything I need to be sure. What is right is right.
What steps have you taken to ensure that the attorney is acting in your best interest and not just your sister's?
I’ve emailed him and asked it all to be in writing
What was the attorney's response to your request for everything to be in writing?
ge called and said to call him and he will go over it again
What specific information are you seeking from the attorney that you feel has not been adequately explained?
besides the wrongful death, isn’t there also a stipulation of each adult child’s relationship with my dad and the stress it’s caused?
What evidence do you have to support the claim that the stress caused by your relationship with your father has resulted in damages?
I’ve been to the hospital and medication
What kind of medication have you been prescribed and how is it related to the stress caused by your father's death?
I am grieving and I have anxiety the meds are monitored
I'm sorry to hear about your situation. Have you considered seeking legal advice from another attorney to ensure your interests are being represented fairly?
i wanted to but unsure how. He did say if we are all not on board he would not be able to represent
What specific concerns do you have about the attorney's representation that makes you consider seeking advice from another attorney?
I feel there’s something missing. I know you can get up to 250k and I also know there’s * adult children. It just doesn’t make sense to me.
What makes you believe that the settlement amount could be up to $250k?
researching I could be wrong
What sources did you use for your research on the potential settlement amount?
The internet RI LAW
What specific information did you find on the internet about Rhode Island's wrongful death laws that led you to believe the settlement could be up to $250k?
Potential settlement amounts in RI could be up to. I’m just not sure. And a bit confused
What specific factors are you considering that make you believe the settlement amount should be higher?
The nursing home had my dad in their custody. 69 years old
What specific negligence or misconduct by the nursing home do you believe led to your father's death?
They knew my dad rocked, they knew he was sick, could not walk without assistance.
What steps did the nursing home take to ensure your father's safety, given his health condition?
I don’t know
What actions or precautions should the nursing home have taken to prevent your father's fall?
bed rails bed alarms to be in place by the dr
What evidence do you have that the nursing home failed to put bed rails and bed alarms in place as required by the doctor?
They said it in a statement
What was the exact statement made by the nursing home regarding the absence of bed rails and bed alarms?
I don’t have the exact answer
What steps have you taken to obtain the nursing home's statement regarding the absence of bed rails and bed alarms?
The attorney supposedly did that
What was the outcome of the attorney's investigation into the nursing home's statement regarding the absence of bed rails and bed alarms?