A Springfield wrongful death attorney can explain that the amount of damages that a family may be entitled to receive in a wrongful death case depends on a number of factors. After the factors that cause more damages are considered, insurance companies then weigh the liability that the insured is responsible for.
Occupation and Earnings History
Springfield wrongful death lawyers can explain that the earnings history and future potential earnings are a significant part of determining the value of the claim. When the decedent had a steady stream of income with regular salary increases and promotions, it is easier to substantiate damages. It regularly only requires the previous employer to provide information about the likelihood that the decedent would have been promoted and what his or her salary likely would have been had death not intervened. Employers may also talk about plans for the company to expand, as well as trends regarding salaries of people who worked in the same industry.
It is more difficult for Springfield wrongful death lawyers to substantiate damages when the decedent had a sporadic work history. In these cases, external sources may need to be used to help determine the potential earnings of such a person, such as trade unions and vocational specialists who can talk about the earnings of people in the industry and the marketability of the decedent’s skills.
Nationality
Another factor that can be considered is the decedent’s nationality. If a resident alien dies, his or her case is evaluated in the same way as a citizen’s case. However, if the decedent is a non-resident alien, insurance companies may use the rules regarding wrongful death from the non-resident’s country of birth.
Legal Assistance
If you would like more information about wrongful death damages, contact a wrongful death attorney at McCarthy Rowden & Baker.