Can A Wrongful Death Lawsuit Provide My Family With Lost Retirement Benefits My Husband Would Have Received?

Following the death of a family member who is the primary breadwinner—or one who contributes financially to the family in a lesser degree—it is common to want to know whether a wrongful death lawsuit will compensate you and your family for the loss of benefits that your loved one would have earned.

Generally, a wrongful death lawsuit would include damages for lost wages that would have been earned by the victim until his or her projected retirement age. Lost income is considered an economic damage that is available in a wrongful death lawsuit. Other economic damages can include loss of benefits such as pension benefits, retirement benefits, other savings, and even medical benefits.

It is important to include all of the lost benefits that are applicable as part of the damages in your claim because retirement benefits and medical benefits can account for half of the damages awarded in wrongful death lawsuits. For instance, if someone died at the age of 45 and he was planning on working until he was 65 years old, the surviving spouse or children would be entitled to receive 20 years of lost income, including projected raises, as well as retirement benefits. If the surviving family member is now left to purchase medical insurance, the lawsuit should also account for that cost as well as the diminished pension funds or other retirement funds.

Losing a family member is devastating enough, and we want to make sure you and your family have the same finances you were accustomed to prior to your loved one’s untimely death. This is why we take our job very seriously when assigning a reasonable value to a wrongful death case. We look at all possible lost benefits and will even bring in an economist and other experts to ensure an appropriate monetary value of your case.

 If your loved one died as a result of a drunk driver, negligent motorist, or as a result of medical malpractice, give our law firm a call. We would be honored to help you and your family seek justice and get the compensation you need and deserve.


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