Have you recently lost a loved one due to death from a Tampa car accident where another person was to blame? Do you know that the claim to compensation for the injuries sustained in the car accident does not necessarily die with the person? Some family members of the deceased person may be able to receive compensation by filing a wrongful death lawsuit.
As a family member, you may be entitled to different types of losses such as medical bills, pain and suffering, and the so-called loss of earning capacity.
What is the loss of earning capacity?
If the deceased family member was the one who provided for the family, his/her death will cause you to lose current and future income.
In a wrongful death claim, the court will measure the compensation for loss of earning capacity by the plaintiff’s diminished ability to earn money in the future. In this case, the plaintiff needs to prove the impairment of earnings and future loss. In order to explain the loss, the plaintiff will need to provide sufficient documentation, including tax returns, paycheck stubs, a testimony of an expert witness, etc. to back up the future loss of earning capacity claim.
Several things need to be taken into account by an expert witness when assessing the loss of earning a claim. For instance, the deceased employment skills will be taken into consideration, as well as experience, talents, different abilities, victim’s health, life expectancy, occupation, and more.
The expert witness must determine the current market values of the deceased’s skills, identifying how much future income a family will lose due to his/her death.
You can also help your lawyer by working with him/her closely and providing employment records and other documents that establish your loved one’s work history and earning capacity.
Is it difficult to prove the loss of earning capacity?
If we compare proving lost wages vs. a loss of earning capacity, it’s a fact that the earning capacity is more difficult to prove. To establish these losses, it’s necessary to make predictions about the victim’s work ability and possible earnings at a date in the future.
The plaintiff and the lawyer he/she chose will need to prove that the defendant was negligent and due to his/her actions the accident occurred. To receive compensation for lost earning capacity, they will also need to prove that those negligent actions caused the death of their loved one and the loss of future earning capacity.
How Tampa personal injury attorney can help
After your loved one, who was the primary source of income for your family, passed away after a Tampa auto accident that occurred due to a negligent act of someone else, your life may change forever. And if the earning capacity has been reduced due to this event, an experienced Tampa accident lawyer can assist you.
Feel free to contact lawyer Dan Zohar who will help you and guide you through the entire legal process.
If you have more questions regarding wrongful death from a car accident- the loss of earning capacity, call us today on our toll-free number (800) 963-3311.