Lawsuits do not necessarily have to go to court to be resolved to the satisfaction of the plaintiffs. Negotiated settlements or mediated agreements are both options if both parties are willing to work toward a mutual consensus regarding the appropriate financial damages in a case.
Court records from proceedings in Laconia show that a wrongful death lawsuit against a nursing home has been settled by the owners of the facility and the executors of the victim’s estate. The case involves an 82-year-old woman who died of injuries sustained while under care in the Laconia assisted-living facility.
An 87-year-old patient diagnosed with Alzheimer’s Disease assaulted the victim in 2016, and the attorney general in Concord ruled the woman’s death a homicide. The man was not charged due to mental incapacity, and he was moved to another facility for care. The nursing home was accused of wrongful death and medical negligence in the resultant lawsuit.
The terms of the lawsuit were not immediately disclosed. Restrictions on a plaintiff’s ability to disclose details of a payout, as well as provisions allowing the defendant to not admit fault, are often part of negotiated settlements to lawsuits. Plaintiffs must agree to these provisions before a settlement may be completed.
The survivors of someone who died due to another’s negligence or reckless actions may be able to claim financial damages, including reimbursement for end-of-life expenses and compensation for lost companionship. These claims may be improved by legal representation, as an attorney can examine the facts of the case and any criminal charges that may make similar claims against a defendant to determine the strengths of a case.