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Several factors are considered when evaluating the loss sustained by relatives in a wrongful death case. A jury looks at the loss of economic damages a family experiences like lost income and non-economic damages such as loss of consortium when determining a settlement award.
Speak to a knowledgeable wrongful death attorney who could help your family seek the compensation you need to move forward. They could help with calculating damages in an Oak Lawn wrongful death case.
When an individual wrongfully passes away and can no longer earn money to support their family, the lawyer will need to show the effect of the loss on the surviving estate. The most important factor is the work history prior to the wrongful death. However, some people, such as students are not employed at their full capacity at the time of their death. In these circumstances, a wrongful death lawyer will try to show what the potential earning capacity of the individual would be.
The amount of economic loss is calculated over the probable life expectancy of the deceased. The younger the person, the more years they have in the workforce and the larger of the loss of income economic damages in a wrongful death case.
In a wrongful death case, both sides usually hire experts to calculate the loss of future income. A lawyer for the family of the deceased tries to prove as much economic loss as possible. The lawyer for the insurance company hires an expert who attempts to minimize the amount of future lost income. In a wrongful death case, the damages are determined by a jury. A jury will listen to the facts and assigns a dollar amount to the damages.
Two methods a wrongful death lawyer may use to prove economic loss is the testimonies of vocational experts and economists. A lawyer may also call co-employees or supervisors to testify about the work of the deceased. It is important to be able to prove with evidence, a strong case for the loss of future income as the result of a wrongful death. A dedicated attorney could calculate the damages in an Oak Lawn wrongful death case and help to seek compensation.
There is no specific formula that is used to determine the loss of companionship following a wrongful death. A jury takes several factors into consideration. The first factor is the strength of the relationship prior to the wrongful death. For example, the jury will look to see if the relationship was loving and caring or whether the deceased person was estranged from some family members. The participation in each other’s lives also plays into the determination of the amount of non-economic damages.
When an individual brings a wrongful death lawsuit, that is the only opportunity to make a recovery for the loss of a loved one. The damages the decedent’s surviving family experiences must be proved to the jury by an experienced wrongful death attorney. A jury can only consider the evidence before making a determination as to the amount of damages to award. Documenting the loss of companionship is a crucial factor in maximizing the recovery in a wrongful death case.
Following the death of a loved one, you should seek help from a skilled lawyer to learn about how you may be eligible for compensation. They could review your claim and help with calculating damages in an Oak Lawn wrongful death case. Schedule a consultation today.