The financial struggles that often accompany the death of a loved one can make an already difficult time seem unbearable. Whether your loved one was the sole provider in your family or you shared the cost of expenses evenly, the death could leave you struggling financially. Our attorneys at Flickinger Sutterfield & Boulton in Provo, UT understand how stressful the loss of a loved one can be.
If your loved one’s death was caused by someone else’s negligence, we can help you file a wrongful death claim to recoup that loss of income. Wrongful death and loss of income is just one of many types of damages our attorneys can help you pursue to hold the other party responsible.
Loss of income damages are generally awarded to the deceased’s dependents whom he or she provided financial support. This may include a spouse, children, and even parents or grandparents. Generally, a representative for the deceased’s estate, which may be a spouse, files the claim on behalf of all potential beneficiaries.
First, the family must provide proof of the deceased’s income and the amount of support provided. The amount of “support” each dependent receives depends on a number of factors. First, you must look at what the deceased earned previously and his or her projected earning capacity up until retirement. Financial experts may be called on to more accurately calculate estimates such as raises and promotions.
The amount of support the deceased provided to his or her dependents will also play a role. If the deceased was the sole provider, the surviving spouse may receive support through retirement (age 65). If both spouses worked, the surviving spouse must provide proof of the support the deceased provided previously. Minor children can receive support through the age of 18. In some cases, children can also receive support for college if there is sufficient evidence to prove the deceased would have contributed to the child’s higher education.
Wrongful death claims are inherently complex to begin with, but determining a loved one’s potential earning capacity is best left to the experts. At Flickinger Sutterfield & Boulton, our attorneys work with several financial experts to provide all the necessary proof of your loved one’s earnings and support, and also their potential earning capacity. They will look at your loved one’s education level, employment history, and other factors that might have affected his or her future income. Our attorneys will ensure that the needs of all dependents are met in an effort to help restore your financial security during this difficult time.
If you lost a loved one in an accident caused by another party’s negligent or reckless actions, contact us today to speak with an attorney about filing a wrongful death claim. They will review the details of your claim and discuss your eligibility for damages.