Can we sue for loss of income if the deceased was a primary income earner?

Miley Legal Group

When a family member was the primary income earner and died as a result of someone else’s negligence, damages for loss of income may be recoverable for the benefit of beneficiaries. To learn about rights to sue for income loss and other forms of compensation in a wrongful death claim, read on and contact an attorney.

Loss of Income in a Wrongful Death Case

Families can be left reeling after the sudden loss of a loved one not only emotionally, but financially as well. Already trying to cope with grief, make funeral arrangements, and facing an uncertain future, there can be a lot of concerns about the mounting medical bills and the knowledge that a primary income source is no longer available.

Wrongful death claims can address a variety of direct expenses, such as medical bills and funeral costs. But there may also be compensation for indirect expenses that arise, such as the loss of the deceased’s earnings.

According to West Virginia law, a claimant for wrongful death can seek compensation for reasonably expected loss of income. Determining what’s reasonable can pose some challenges because it may not only involve the deceased’s salary but other benefits such as retirement and pension plans.

There can be many factors that determine the value of lost income:

  • life expectancy;
  • retirement age; and
  • wage rates.

It may also take into consideration the age of dependents, such as minor children. There isn’t a set formula to determine the worth of indirect damages such as these. The same is true for other forms of compensation that may be available such as loss of companionship for a spouse and loss of guidance for a child.

However, to ensure the amount provided is fair and full, it’s best to seek legal counsel. An attorney can evaluate the circumstances of the case and explain the types of damages that may be recoverable. Call The Miley Legal Group today: (304) 931-4088.