Wrongful Death Damages Awards Depend on the Victim’s Future Earning Potential

In an ideal world, the law would value everyone’s lives equally: the family of a devoted grandfather who was killed by a drunk driver and the family of a college freshman would each collect the same amount of damages in a wrongful death suit. The way the American legal system works, however, is that the potential damages in a wrongful death suit are limited by the future earning potential of the victim, as well as your own monetary losses in the wake of his or her death.

How Are the Damages in Wrongful Death Suits Calculated?

As a general rule, the damages a surviving family member can collect in a wrongful death action are limited by the economic prospects of the victim and his or her role in supporting dependents. This amount is usually calculated by weighing:

• The age of the victim, and his life expectancy if he had not been killed in the accident.
• The victim’s level of education (which bears on his future earning prospects).
• The type of job the victim held, how much he earned at the time of the death, and how much he could expect to earn in the future.
• How much the victim was responsible for the support of his family (for example, an employed parent will be worth more than a stay-at-home mom or dad).
• The circumstances of the accident, and the degree, if any, to which the victim contributed to his own death (say, by not looking both ways before he crossed an intersection)

What about punitive, rather than economic, damages? Sadly, these are often not a viable option for surviving family members, except in extraordinary cases where the conduct of the plaintiff was especially reckless or negligent.

Are You Thinking of Filing a Wrongful Death Action?

If a member of your family—a spouse, a child, a parent—was killed in an accident that was not his fault, you may have recourse to file a wrongful death claim against the responsible party. Questions? Contact the Rockford, wrongful death attorneys at The Fisk & Monteleone Law Firm 815-962–0044 for a free consultation today.