When a loved one suffers a fatal accident, it is devastating for the family members left behind. When the accident is caused by the negligence of another party, it may leave the family with questions about how to pursue a wrongful death claim.
In addition to the significant emotional toll a family may be facing, they may also have financial concerns due to loss of income and medical costs.
Loss of consortium and earning capacity
In determining compensation for a wrongful death accident, the term loss of consortium may be discussed. This means that due to the death, there is a loss of the deceased person’s companionship, comfort and affection. It may also include loss of household support.
While monetary compensation can’t ever replace the family’s loved one, damages for loss of consortium may help the family financially.
In a wrongful death case, the deceased person’s earning capacity is often also taken into consideration in determining financial compensation. This may include his or her work experience and professional qualifications, as well as lifetime earnings.
These calculations can be complex and they vary based on the individual’s circumstances before death.
In addition, the deceased person may have been treated by medical professionals as a result of the injury he or she sustained in the accident. These medical costs can be significant and may also be addressed as part of the wrongful death claim.
It’s important that a wrongful death claim is filed timely. An experienced attorney can review the situation and advise family members about next steps in the claim process.