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Non-economic losses and the losses of future income can be difficult to properly calculate after an accidental death. If you will need help in asking for damages in a wrongful death claim, an attorney is ready to provide assistance. Calculating losses for a Cicero wrongful death claim can be made easier if you have someone in your corner who has been through this process before.
Factors that go into calculating the loss of future income in a local wrongful death case include the age and education of the decedent, their current position, the potential for upward mobility, as well as a current earning capacity or salary and what could reasonably be anticipated to be earned in the future. Calculating an economic loss of future income is difficult and usually involves experts such as economists.
In a typical personal injury case, lost wages are easy to calculate. If someone misses four weeks of work and they are paid $1,000 per week, the lost income is $4,000. In a wrongful death case, it is much more difficult and speculative to calculate. There are more factors that go into the lifetime of earned income. A lawyer must highlight all of the possible factors in the person’s life while the insurance company will try to minimize the future earning capacity of the individual.
An economist or labor market expert could testify as to what the likelihood of additional earned income would have been for the deceased individual. Likewise, the insurance company will typically hire an expert who will attempt to justify a smaller amount. Ultimately, if the case does not settle, the jury will determine how much loss of future income was incurred.
The extent of the relationship between the deceased individual and their family members directly correlates to proving the loss of companionship. The loss that a parent feels when their child is killed is different than the loss that someone may feel when their sibling is killed. Likewise, the loss of companionship that someone feels when their spouse dies is also completely different.
No matter how strained the relationship, there are always positive attributes to point out. Unfortunately, every family has disagreements and sometimes the insurance company lawyer will focus on these in an attempt to lower the amount of compensation for loss of companionship.
In a wrongful death case, it is important to communicate the extent of the loss to the jury in order to obtain the highest possible recovery. Not everyone is able to articulate the extent of their sorrow for the loss. Using an expert can often help tell the story for the family who has lost someone.
The lawyer who is representing the family should highlight the positive attributes of the individual when trying to calculate the losses in a wrongful death claim in Cicero. This includes educational or work achievements which emphasizes their potential. The lawyer for the insurance company will attempt to highlight the negative aspects of the individual. For example, they may point to the lack of education or perhaps the employment history as evidence that the individual would have not have made significant money in the future. Evidence regarding an individual killed in a wrongful death case must be handled skillfully by the lawyers on both sides.
If a lawyer overreaches in an attempt to get too much money for future lost income, it can backfire. Likewise, if the insurance company lawyer comes across too strongly and appears to be attacking the deceased individual, this can result in a jury becoming angry in awarding higher damages for lost income. Experienced attorneys know how to handle each of these situations.
The last thing you likely want to do after experiencing the death of a loved one is have to justify their presence in your life in order to be compensated. A lawyer could take the lead in calculating losses for a Cicero wrongful death claim while you take the time to adjust to this new situation. Speak to an attorney to learn more about what is possible in your case.