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When dealing with the sudden and accidental death of a loved one, a legal battle to receive financial compensation is the last thing you want to do. However, it is an important step to take, especially if the deceased was a primary provider for your family. An experienced attorney could help calculate the economic damages in Chesterton wrongful death actions. A knowledgeable wrongful death attorney could help bring some measure of relief to your family.
Damages are the amounts of compensation an individual or their family can receive after an accident. In a wrongful death case, an attorney must first prove liability. Liability means that someone did something, or failed to do something, which resulted in death. Damages are recoverable in a wrongful death case when once liability is established.
Economic damages are easily calculated. This usually includes medical bills, funeral expenses, and lost wages. However, if a person dies several weeks or months after the accident, the expenses incurred for treating them in that time can be recovered.
When someone dies, they can no longer provide an income for their surviving family members who may have been relying on that income to live. The loss of future income is a major element of wrongful death cases but it can be hotly disputed.
A skilled lawyer could try to introduce evidence to show the largest possible loss of future income, of which there are different factors at play in calculating the loss. For example, the age and education of the can affect the calculation of income. Additionally, past salary history is a relevant factor.
There are several sources of evidence to prove loss of future income. Often, the former supervisor of the deceased could be called in to testify as to past work habits, salary, and future mobility. In addition, vocational rehabilitation councilors, who are trained in determining the earning potential of individuals, could testify on behalf of the family.
An attorney might also bring in an economist who could testify as to the future loss of income. For example a 30-year old individual who dies in a wrongful death case likely would have worked another 30 to 40 years. Due to inflation, salaries in the future will not be the same as they are currently, and an economist can help explain to a jury what the monetary value of those lost wages would have been.
It is not uncommon for two experts, using the exact same information, to frequently arrive at vastly different conclusions for calculating future income. A vocational expert or economist hired by the family will use the facts to justify the largest possible award of future lost income.
Whereas the attorney for the family wants to maximize the recovery for the family, an insurance company lawyer will want to minimize the exposure. It is important to find an experienced attorney who knows how to reconcile these diverging opinions and present a strong argument for the maximum amount of damages.
In addition to any medical or funeral expenses, the loss of your loved one could cause a financial strain due to the loss of their income. By gathering experts to testify as to the future earning potential, a local attorney could argue for compensating that loss of income. Economic damages in Chesterton wrongful death actions can alleviate some stress and help you process your loss without having to worry about your financial situation. Call an attorney today to discuss your case.