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I would like to seek damages for future earnings after I lost a loved one in an auto accident. What factors play a role in determining the amount I will receive for the future earnings in the wrongful death case?

Every time you get behind the wheel of a vehicle and fasten your seat belt, you are taking a known calculated risk.

It is common knowledge that driving a vehicle may be dangerous. However, an accident that causes a death due to the negligence of another driver cannot be anticipated. A death that is caused by a negligent driver often leads to a wrongful death lawsuit.

For those who loved the deceased person, this can be a difficult time. The pain and worry this time brings can be magnified for the survivors who depended on the deceased accident victim for financial support. A wrongful death claim allows the survivors a measure of security by requiring the negligent diver to pay for the income that the deceased person would have provided his family in the future—an amount known as future earnings.

When determining how to compensate future earnings in a wrongful death case, the court will take into account a number of factors. These factors are:

  • Current wages. The greatest factor on what the dependents will receive for lost wages is the current amount the deceased was making at the time of the accident. Once this amount is established, the court will use this baseline to calculate other factors as well.
     
  • Working years left. The figure that was set for the deceased victim’s current pay will be calculated for the amount of years he had left working.
     
  • Retirement years. Also figured into the future wages is the amount the victim would have made during his retirement years. A table for likely life expectancy is commonly used to figure this amount.
     

Don’t let the negligence of another go unanswered. You need to hold a dangerous driver accountable by contacting us at 800-800-5678 today. Upon calling you will receive a free case evaluation and, on request, a FREE copy of our book, The Ultimate Guide for Automobile Accident Victims.

Jason F. Abraham
Managing Partner, Hupy and Abraham