The role of life expectancy calculations in wrongful death claims

Life is unpredictable. Passing away is a given. But it’s crushing when a family member passes away. It becomes frustrating when it’s cut short due to someone else’s negligence on the operating table. That fact can leave families in turmoil.


This is when wrongful death claims come into play. In these cases, courts use life expectancy to decide compensation for families.


How it fits into two types of claims

When a wrongful death occurs in Georgia due to medical malpractice, certain parties—such as the surviving spouse, children, parents or the administrator of the deceased’s estate—can bring forward two types of claims: the “full value of life” claim and the “estate” claim.

For the “full value of life” claim, the court uses the deceased’s life expectancy. This involves evaluating both the tangible (lost income, benefits, etc.) and intangible aspects (companionship, care, etc.). Intangible elements, though more difficult to measure, are just as essential.


On the other hand, the “estate” claim covers things like the losses directly relating to the death, such as medical expenses, funeral costs and the pain and suffering of the deceased. Life expectancy can play a role here, too, as it can affect calculations for future losses.

In short, the life expectancy calculation is crucial in determining potential compensation in wrongful death cases.


Dealing with the end

No amount of money can replace a loved one. But, at the very least, these compensation claims can give surviving family members much-needed financial help and relief. They can feel a sense of justice, even. When these claims are brought forward, it gives the families a chance to seek accountability and closure. Families coping with grief face not just financial stress but also legal challenges. These challenges include understanding life expectancy calculations and navigating the court system.



Those going through such a situation should consider seeking an attorney. Grieving while seeking justice is tough. But with a legal professional, those seeking justice can find them.


A doctor wearing a mask and gloves is holding a x-ray of a brain.
By duda February 5, 2025
The ability to remember things is essential to our everyday lives. Suffering a traumatic brain injury (TBI) in an accident may result in long-term memory problems and increased difficulty learning new things. A grant was recently awarded to teams from The Kessler Foundation and Montclair State University to develop treatments to aid those who suffer long term memory impairment due to TBIs. While brain injuries can affect people in many ways, memory issues can have a particularly detrimental effect on the quality of life. Memory is essential to carry out your job Think about the job you currently do. How many times each day does someone tell you something that you need to act upon? If you cannot remember what they said, how will you take action? Or consider how many tasks you perform, without really thinking about what you are doing, because you have built up the knowledge of how to do it over time. Without that recalled knowledge, you will be starting from scratch each time. Memory is essential to your home life, too Depending upon the severity of your TBI, you could struggle to remember the route you drive to pick up the children from school. You could get to the shops and forget what you went there for or find it harder to remember vital appointments.  How do TBI’s occur? They can occur due to an accident or aggression at home, in the street, or in your workplace. Here are some potential causes of brain injuries: Falls Car crashes Blows to the head Big tackles on the sports field Bullets or shrapnel from an explosion If you suffer an accident, be sure to get checked by a medical professional to ensure you do not have a brain injury . TBIs do not always present straight away and could have a considerable effect on the rest of your life. An attorney can help you receive adequate compensation.
A man in a plaid shirt is driving a car.
By duda February 5, 2025
In many rear-end accidents, the front driver has no idea what is happening until it happens. They never see the car behind them. They could be stopped at a light, for instance, watching to see when it turns green. Then they hear the screech of brakes and feel the impact. But what if you do see the other car coming? Say you look at your rear-view mirror while you’re waiting at that light, and it’s clear that the driver behind you is not going to stop in time. What should you do? Plan for rear-end collisions by giving yourself space to escape There are really only a few things you can do , and you should start by leaving yourself extra space. If there is another car ahead of you, don’t pull up to within a few feet of the back bumper. Leave the length of a car or more between your vehicles.  Next, find an escape route that you can use if needed. You may not have one, unfortunately, if there is traffic all around you. Never drive into the oncoming lanes. But you may have a simple escape route if there’s a shoulder or emergency breakdown lane next to your car. If you know where to go and you have the space to do it, you may be able to instinctively pull your car out of the way as soon as you identify the oncoming hazard. If you get hit by a driver from the rear Clearly, this does not prevent all accidents. Getting hit from behind is almost never your fault, so make sure you know how to seek the financial compensation you are due for your injuries and losses.
A young man is helping an older man with his medication.
By duda February 5, 2025
If you have a loved one who is residing in a nursing home, they will be vulnerable either physically, emotionally or both. Therefore, it is vital that you take extra precautions to ensure their safety and security, and that you do not blindly trust the nursing home to protect them. If the physical and emotional needs of your loved one are not met in the nursing home, you may be able to take legal action and gain back damages for the pain and suffering caused. This could not only help you get justice, but it may also prevent other vulnerable people from going through the same traumatic ordeal. The following are some ways in which you can successfully protect your elderly loved one. Be observant Issues in a nursing home may not be initially apparent. However, if you are observant and understand what to watch out for, you may be able to detect signs of a problem. For example, your loved one may not tell you that anything has happened, but you may be able to notice a shift in their behavior and a change in their character. They may start to become more withdrawn and depressed, easily startled and timid. Changes such as this could indicate that your loved one is being physically or emotionally abused. Know the red flags Any change, from a change in sleeping patterns , noticeable bruises and bedsores, or a reduced appetite could be a sign of nursing home abuse or neglect. Therefore, even if you have only a slight concern, you should be proactive in asking questions, looking for signs and speaking to the management about your concerns. If possible, keep your conversations in writing so that they can support any future legal case. If you are concerned that your loved one is not being given the care that is necessary in a nursing home, take the time to understand the possibilities for taking legal action.
Water is being poured into a glass on a table.
By duda February 5, 2025
Both dehydration and malnutrition can be signs of neglect in a nursing home. Dehydration happens when a person isn’t getting enough fluids, while malnutrition happens when they’re not getting the nutrients they need. An older adult who is living in a nursing home may be at risk of receiving inadequate nutrition and becoming dehydrated if they are subjected to neglect or abuse. How common is malnutrition in patients in nursing homes? In 2015, a study called Aging: Biology and Nutrition, Malnutrition in the nursing home reported that around 20% of those in nursing homes have at least some form of malnutrition . While there are some natural reasons for malnutrition, such as poor absorption in the body, many cases are a result of not receiving enough nutrients in food. To address that problem, the study suggested interventions such as dietary supplements or better food choices. How common is dehydration in nursing homes? It’s believed that around 75% of Americans in and outside nursing homes are dehydrated. For those who are less mobile or who do not have quick access to fluids, the rates may be higher.  Dehydration can be prevented in some cases by giving patients different drink options. When older patients cannot drink, then it is important to consider intravenous fluid options. This helps support good hydration as well as an appropriate electrolyte balance. Dehydration and malnutrition in the elderly can both lead to serious consequences. They could lead to urinary tract infections, which can be fatal if left untreated, as well as other complications such as sleepiness, confusion, fainting and death. No patient should have to be at risk due to these issues. If they are, then the nursing home may be accused of negligence or abuse.
A man is waving from the window of a green semi truck.
By duda February 5, 2025
It can be worrying as a parent when your child first starts to drive alone. During the first few years, they run a greater risk of injury as they do not have the experience to anticipate other driver’s actions. You can reduce the danger to your teen by carefully electing when you allow them to drive. When are the most dangerous times on the roads? Certain times of day, days of the week and days of the year can be much more dangerous than others. Here are some times to watch out for: Holidays: When people get in the festive spirit, they may be more likely to drink and drive. The Fourth of July is the single most dangerous day on the roads. Thanksgiving and Christmas are also high-risk times. There is a large amount of traffic on the road and a high likelihood that other drivers have been drinking. Weekends: Many people drive to bars on Friday and Saturday nights. Youngsters may fill the car with friends who could distract them or spur them on to unwise behavior. Many drivers are still under the effect of alcohol on Saturday and Sunday mornings. Rush-hour: Peak traffic leads to agitated drivers. With the roads full of traffic, there is also less room for error. Nighttime: It is harder to spot hazards during the night. Dusk and dawn can also be challenging, especially if the sun is in your eyes.  Even if you decide to allow your teenage child to drive at these high-risk times, you should explain they need to take extra care. As important as giving adolescents their freedom is, you want them to come back home safely and not get injured by other drivers’ imprudent actions .
A close up of a dog 's face on a white background.
By duda February 5, 2025
It seems like service animal discussions are popping up more than ever in the media. Often, these animals (typically, dogs) are confused for emotional support animals. However, they are not the same. A service dog has received specific training to serve and support someone with disabling injuries or special needs. Victims of car accidents often suffer from an array of disabling injuries. Examples include spinal cord damage and traumatic brain injuries, which may leave victims with special needs. In many cases, acquiring a service dog or other animal can significantly improve a victim’s life , but how can you pay for such an animal? Options to cover service animal expenses after a car accident Getting a service dog is not cheap, with initial costs often reaching as high as $30,000 to $50,000. These costs reflect the training and abilities of the animal, which is why they are so expensive. You can also expend to spend thousands of dollars annually to care for the dog. Out-of-pocket : paying to purchase or adopt the dog out of your finances. Loans : some people must take out expensive loans to acquire a service animal. Crowdfunding : creating an account on GoFundMe or other platforms can help. Grants : several organizations exist to help cover the costs of getting and training a service dog. In our years helping car accident victims in Lawrenceville, we have worked with many people who needed service dogs. Unfortunately, they often cannot afford such animals even when using the options above. With this in mind, we want to suggest one more option worth exploring . It may be possible to receive enough compensation in a car accident lawsuit to help you get a service animal. We recommend asking an attorney about this option. If your car accident occurred because of negligence, you have a good chance of getting the maximum amount of compensation possible. You can find more car accident and injury topics on our website and blog. We invite you to continue reading. 
A black and white dog is looking up at the camera with its mouth open.
By duda February 5, 2025
It’s very natural to assume that you would panic or react fearfully if a dog charged you and threatened to attack. However, animal experts say that it’s the one thing you shouldn’t do. Staying calm is incredibly important and, in many ways, is the one hard and fast rule for how to deal with this type of situation. What else can you do? You may have to fight back against some of your instincts. For instance, you likely will want to physically protect yourself by striking at the dog or pushing it away. This just makes things worse, though, and could lead to severe injury. Here are a few helpful tips : Rather than yelling or screaming, talk to the dog in a soft and commanding voice. Instead of looking at the dog directly, use your peripheral vision so that you don’t make eye contact. Rather than running away from the dog, try to calmly back away after the charge stops. Instead of trying to threaten or intimidate the dog, attempt to show it that you are not a threat. If you try to stay calm and back away, but it doesn’t work, try to give the dog anything that you’re holding. For instance, if you have a purse, let the dog bite the purse and pull it away from you. This distracts the dog while you back away to a safe distance.  After a dog bite, what are your options? Unfortunately, people do everything right and still suffer from dog bites every year. If this happens to you, be sure you receive appropriate medical care right away to treat the wound and prevent infection. Once you’ve begun to recover, it may be time to explore your options for financial recovery. An experienced personal injury attorney can help.
The doctor is wearing a watch and a stethoscope around his neck.
By duda February 5, 2025
The ICU should be the safest place in the hospital — but is it? An Annals of American Thoracic Society study published by Medical College of Wisconsin (MCW) researchers in 2018 showcased how intensive care unit (ICU) diagnostic errors are far more common than they should be . They noted that doctors could greatly minimize these occurrences by studying past misdiagnoses cases and trying to glean better best practices to avoid future ones. How common are misdiagnoses in ICUs? MCW researchers discovered that the overall diagnostic error rate for all doctor-patient encounters is 20%. The study’s authors didn’t provide a percentage of critically ill patients that end up with misdiagnoses. They did describe it as being significantly higher than it is for other non-critical patients, though. What factors give way to ICU patients’ misdiagnoses? The MCW researchers pointed to two matters that they believe result in critically-ill patients receiving inaccurate diagnoses. Study authors concluded that a doctor’s inability to interview or perform a physical exam on a patient properly often makes it challenging to assign them a correct diagnosis and adequately coordinate their care. The researchers also pointed out that ICU patients’ medical concerns generally affect their cognitive functions or entire body systems. They note that these factors can cause a patient to incur unnecessary medical expenses and lose their life. What can reduce ICU patients’ misdiagnosis rates? MCW’s researchers determined that one of the best things doctors can do to improve their ICU patients’ outcomes is to review their records and to learn how to do better the next time. They also note that an increased focus on teamwork and their more effective use of health information technology can also significantly reduce the rate at which diagnostic errors occur. Can doctors be held accountable for poor patient outcomes? ICU doctors often find themselves under tremendous stress having to institute life-saving measures to save a patient’s life. Many factors may make diagnosing a patient quite challenging, but it’s still a doctor’s responsibility to go through a methodical process to rule potential differential diagnoses out. A poor outcome with an ICU patient isn’t necessarily inevitable.  Ultimately, if you have suspicions that your loved one’s death in the ICU could have been prevented, it’s wise to take the issue to an experienced advocate An attorney can review your loved one’s medical records to see if a wrongful death case applies.
A man is applying makeup to a woman 's face.
By duda February 5, 2025
There are many kinds of injuries that can happen as a result of a car crash. Among them is a risk of injury to your eyes. Eye injuries can happen when debris hits you during a collision. They can also happen due to the force of the impact or because of broken bones around the eye. An eye socket fracture could put your eye at risk, too. What kinds of eye injuries are the most serious? The most serious eye injuries tend to be those where there is foreign object in the eye or where the nerves or arteries have detached. Beyond those, eye socket fractures, like an orbital rum fracture, have the potential to be dangerous. What should you do if your or someone you’re with has an eye injury after a crash? If you or someone you care about has an eye injury, stay where you are and do your best not to move your eye. If there is a foreign object in the eye, such as a pencil, piece of glass or metal, leave it there until emergency help arrives. If you remove the object, you could cause further damage, bleeding and swelling that could threaten your eyesight. If the eye has become detached or come out of the socket, do your best to keep it secure and clean until the emergency team can assist the patient. Can airbags hurt your eyes in a crash? It’s possible. Airbags come toward you at hundreds of miles per hour. Though they attempt to soften the blow of a more serious collision, they can cause abrasions and broken bones all around the face. In a worst-case scenario, the impact could lead to blindness, though it’s not common. Get medical help if you’ve been involved in a crash Get medical help as soon as you can if you’ve been involved in a crash . Your injuries, no matter what they are, need to be evaluated by a medical professional. Going to the hospital early may help you reduce the risk of complications from any injuries you have and will help you start a paper trail for your personal injury claim.
A person is holding a bottle of beer while driving a car.
By duda February 5, 2025
When people imagine a serious drunk driving accident, they often assume that the person who caused the accident was clearly impaired and that the alcohol was the only reason for the crash. For instance, they may imagine someone swerving all over the road and eventually crossing a solid line into oncoming traffic. These types of accidents do happen, of course, but researchers note that it’s very common for alcohol to only play a minor role in a serious wreck. One reason they give is that the average amount of drivers at any given time who have alcohol in their system is between 10% and 20%. Just by the sheer numbers, some of these drivers are going to crash. Some of them may even make no mistakes and get hit by another sober driver who does make a mistake. Everything that contributes to a crash is important One thing to note is that even a minor contribution to an accident can still influence that crash. For instance, say that a slightly intoxicated driver is actually driving safely, concentrating on the road. Ahead of them, a traffic light has gone out. They don’t see it in the dark. They’re supposed to stop and treat it like a four-way stop, but they drive through the intersection and hit another car. The main reason for the accident is that the traffic light failed. The secondary reason is that a lack of visibility meant the driver didn’t see the light. But there is still the question of whether or not the person would have seen the dark intersection or realized something was wrong if they hadn’t been intoxicated. Even a delayed reaction by a second or two can cause a crash. Working with an attorney can help you figure out who is liable for your injuries If you’ve been injured in a car accident where alcohol may have played a role, you may have a right to compensation for your injuries , medical costs and more. All drunk drivers should be held accountable for their mistakes. However, it’s entirely possible that you may have more options than you realize if other forms of negligence were in play. Working with an attorney is wise.
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