How might my loved one’s advanced age affect their eligibility for loss of earning capacity benefits?

Wrongful Death - July 13, 2023 by Horwitz, Horwitz & Associates

When a loved one dies because someone else is careless with their safety, you face more than a difficult financial situation. You face damages, especially financial ones, that make your life more difficult. Worse, you may struggle to get the funds you are due if your loved one is at an advanced age.

While older adults are still valuable and loved members of our families, the at-fault party and the court may consider their age when calculating damages like loss of earning capacity. In some cases, that can reduce your compensation for your loss. You do not have to accept less than the compensation you are owed. If you are worried about getting the loss of earning capacity benefits you are due, reach out for help.

What is loss of earning capacity?

When a loved one passes away, the family may be due compensation for the suffering and costs of their recovery, also known as damages. These damages should cover the costs of the earning capacity they may have earned if they had survived. Younger people may have been at the beginning of their careers, meaning these damages may be high.

For older adults, advanced age can negatively impact your eligibility. For example, they may point to the fact that your loved one was near or at retirement age. Because of this, you may need to speak with your lawyer about the actual value of the loss of earning capacity damages you are due.

How to prove loss of earnings in wrongful death

When you lose a loved one, you need to know what damages you are due for the loss you have suffered. This knowledge is especially vital when they were the household breadwinner, but how do you know what these damages are worth?

Your lawyer can determine your loved one’s loss of earning capacity damages. They may start with how long they would have worked. They may have had a retirement plan, which can clarify how many years you can expect. Your lawyer can use salary, bonuses, and employment benefits.

Your lawyer may also determine any other factors that can impact the value of your claim. Planned promotions, for example, can affect this amount. Remember, too, that loss of earning capacity benefits are not the only piece of your damages your lawyer can help with. If you are concerned about the value of your claim and how to calculate it fairly, reach out for help getting compensated fairly for your suffering.

How your lawyer can help you maximize your compensation

When you struggle to get your loss of earning capacity damages for a wrongful death claim covered, a lawyer may be able to give you the support you need. You may have trouble calculating the damages your family is due during this time.

Your lawyer can calculate the total damages your claim should receive, not just for the loss of earning capacity but also for the other economic and non-economic damages your family is due. These damages can help your family overcome the suffering you have experienced.

Your lawyer can handle your lawsuit. You have to represent yourself in court without an attorney at your side. Our team can represent you, presenting evidence and arguing in your favor. During this time, you can focus on your health and recovery.

Did you lose a loved one in an incident that wasn’t their fault? Connect with a wrongful death lawyer in Chicago.

When a loved one is at an advanced age and passes away due to another person’s negligence, you may be worried about the damages you and your family are due. Those damages should cover all your losses, including the ongoing loss of financial support, but calculating these damages for older individuals and getting the help you need can be difficult.

At Horwitz, Horwitz & Associates, our lawyers can guide you through proving loss of earnings and getting the benefits your family needs. Our Chicago wrongful death attorneys are ready to help, starting with a free consultation. Contact our firm by calling (800) 985-1819 or completing the following online contact form.