The loss of a loved one can be a painful event that can reshape the dynamics of a family, leaving them reeling and trying to move on after the event, particularly if this death was preventable and was caused by the negligence of another party. While nothing can bring back the deceased, certain concepts in personal injury law may make it possible to get some form of relief via the Lost Years doctrine that allows surviving members to file a claim in order to recover compensation for the lost opportunities and productivity that they would have engaged in had they continued to live as productive members of the society or a family member.

That said, recovering compensation for this type of damages can be a complex affair because of the challenges when it comes to quantifying hedonic and economic losses of a future that never occurred. In addition, these challenges may balloon if the deceased had a limited life expectancy due to perhaps a pre-existing illness or advanced age, requiring complex rationale when it comes to statistical probability, medical prognosis and so on.

For surviving family members, these calculations aren’t just some abstractions but a representation of a live that may have been lived out fully. In this article, we shall examine these considerations and show how we can honor your loved one’s life by ensuring they are remembered by way of proffering justice to your remaining family members – read on to find out more.

Are you looking for the best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience, where we’ve helped tens of thousands of injured Americans across the country receive compensation after getting injured due to the negligent actions of other individuals or large corporations.

To date, we’ve been able to recover over $260 million for our injured clients and counting, and our massive success can be attributed to a number of unique factors: we personally handle all claims and do not shunt them over to legal assistants and paralegals as is often seen in most law firms, we work with a team of world-renowned experts to ensure medical evidence, accident reports, forensic evidence all show a clear pattern of negligence on the part of the perpetrator or defendant leaving no room for doubt by the defense legal team, and we ensure to work closely with our injured clients to update them on their case on a regular basis, fostering a culture of openness and client trust.

In addition, we are not afraid to litigate claims should we believe that, based on insurance company negotiations are carried out in bad faith and your injuries may have long-term financial consequences, as more often than not, litigating a claim successfully ends in the plaintiff being awarded the maximum allowable compensation by law. In addition to running a bilingual firm (hablamos Español).

We also take on all cases on a contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured in an auto accident, slip and fall, nursing home abuse or any other circumstances you believe were caused by negligence, please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Recovering Compensation After the Negligent Death of a Loved One – Lost Years Doctrine

The Lost Years Doctrine works on the assumption that life, whether lost or not, still has inherent value and must be compensated as such. This value differs from the pain and suffering experienced before death or the economic support dependents were receiving. One’s own loss of future existence and potential are acknowledged by the law, making them whole even in death.

Wrongful death claims which usually compensate the surviving family for their losses are different from the lost years’ damages where the estate of the deceased goes after the defendant or the insurance company for the value of the life that the deceased lost. That said, determining or quantifying a life not lived can be challenging since this is all conjecture. That said, courts are able to overcome this by focusing on probabilistic projections based on statistical averages and individual circumstances. It is important to note here that courts do not award speculative awards and ensure that true and legitimate compensation occurs for the loss of life.

The Lost Years Doctrine takes into account the following:

1. Economic losses of the lost years, such as loss of future earnings, loss of future benefits, lost accumulation or savings, and so on. These involve the projection of a deceased’s likely earnings from the date of their death up until their projected natural lifespan. For this, we often consider their age, education, career trajectory, industry trends, and historical earning capacity. In addition, the value of lost retirement contributions, such as 401k, insurance benefits, and any bonuses they may have received from their employers, is all taken into account.
2. Hedonic damages of the lost years, or loss of enjoyment of life, are also taken into account. This refers to the non-economic loss of the pleasure and enjoyment of life itself that the decades may have experienced during their lost years. While it is challenging to quantify these damages, testimony from family and friends regarding their passions, character, as well as photographs and videos of the deceased enjoying various activities, can be of great help. In addition, economists and psychologists can provide expert testimony in order to assign monetary value to a statistical life.

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McCready Law understands that life cannot inherently be tagged with a certain monetary value. That said, going after these damages may offer some form of consolation by cushioning the family against financial upheaval and also honor their essence and memory via the resolution of their claim.

If you lost a loved one due to the negligent actions of another party such as a distracted driver causing a fatal accident leading to the subsequent loss of life or a preventable fire in a home attributed to lack of gas line or electrical maintenance, please call us NOW at (314) 481-63338 regardless of where you are in the country – the consultation is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.