Can You Recover Lost Future Earnings in a Wrongful Death Case?

If you have lost a loved one in a fatal accident, recovering the full compensation your family deserves will be important for managing the effects of the accident long-term. This includes recovering compensation for the loss of your loved one’s future earnings. 

In Wisconsin, grieving families can recover compensation for all of the financial losses they suffer as a result of their loved one’s untimely passing (eligible family members can recover compensation for various non-financial losses as well). While this includes out-of-pocket costs like funeral and burial expenses, it also includes loss of their loved one’s income. 

Understanding Family Members’ Claims for Lost Future Earnings 

As a general rule, some family members can recover compensation for the loss of their loved one’s future earnings through his or her anticipated date of retirement. This is true regardless of their loved one’s age at the time of his or her death. For example, compensation for lost future earnings will generally be available in wrongful death cases involving:

• Spouses filing claims for the loss of their significant other’s income 
• Children (or their representatives) filing claims for loss of their parents’ financial support
• Parents filing claims following the death of a child who was not yet old enough to work 

While these are three of the most common scenarios, there are many other possible scenarios as well. If you lost a loved one and you relied on his or her income before the fatal accident, it will be worth speaking with an experienced wrongful death lawyer about your legal rights.

Calculating Lost Future Earnings in a Wisconsin Wrongful Death Case

Like all aspects of filing a wrongful death claim, calculating lost future earnings is a complex process. Of course, there is no way to know exactly how much your loved one would have earned in the years ahead. Recognizing that this is the case, the law allows—and requires—grieving families to estimate what their loved one likely would have earned during his or her lifetime based on the evidence that is available. 

In a typical case involving an accident victim who was employed at the time of his or her death, the types of evidence that will be used to estimate lost future earnings include:

• Proof of current and past employment positions
• Proof of income (including paystubs, W-2s, and income tax returns)
• Expert testimony from an accountant, economist, and/or other experts 

When estimating lost future earnings, the process involves not only forecasting the victim’s future earnings based on his or her wages or salary at the time of the fatal accident, but taking into account potential pay raises and promotions as well. This is one area where expert testimony can be particularly important. An expert’s testimony may also be necessary for determining the “present value” of earnings that the victim likely would have earned in the future. 

Making Sure You Are Seeking the Full Compensation Your Family Deserves 

In many cases, financial compensation for lost future earnings will account for a substantial portion of the total damages family members are entitled to recover. But, various other damages may be available as well—and it is important for family members to ensure that they are seeking the full damages they are entitled to recover. Other damages that may be available in a wrongful death action under Wisconsin law include:

• Out-of-pocket losses (i.e., funeral and burial expenses)
• Loss of services and support
• Loss of society and companionship 

Importantly, grieving families that have wrongful death claims under Wisconsin law may have survival claims as well. While a wrongful death claim seeks compensation for eligible family members’ losses, a survival claim seeks compensation for the victim’s losses prior to death. This means that eligible family members may also be able to recover damages for:

• Medical expenses incurred prior to death
• The victim’s physical pain and suffering prior to death
• The victim’s emotional trauma prior to death

When you speak with an experienced wrongful death lawyer about your family’s legal rights, your lawyer will be able to explain everything you need to know about seeking the full compensation your family deserves. To help maximize your family’s chances of recovering full compensation, you should schedule a free consultation as soon as possible.

Schedule a FREE Consultation with a Wisconsin Wrongful Death Lawyer

If you have lost a loved one and are concerned about your family’s financial future, you need a legal team that will take the time to fully understand what has been taken from you. At Studinski Law, LLC, we do more so you get more: more support, more clarity, and more justice for the losses your family will face for years to come.

Contact the Wisconsin wrongful death lawyers at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.