Naperville, IL asked in Wrongful Death for Illinois

Q: My daughter was killed in a car accident and the other party was definitely at fault. She was a med student. How do we

as her parents determine her future earnings so we can sue for lost earning potential?

Related Topics:
2 Lawyer Answers
Josh Rohrscheib
Josh Rohrscheib
  • Bloomington, IL
  • Licensed in Illinois

A: This is an unimaginably difficult situation for any parent to endure. Please do not add the burden of trying to navigate the complexities of handling a wrongful death action on your own. There are many nuances to handling these claims, including complexities concerning medial liens, determining whether you should also be pursuing a claim under the survival act (if she experienced any conscious pain and suffering), and the critical importance of investigating all possible sources of recovery. Please contact a lawyer who handles these claims for help.

To give you a more direct answer, our firm would retain an expert to prepare calculations regarding future earnings. This isn't really an analysis most people are well positioned to handle on their own, let alone to persuasively present to a jury, if necessary.

Feel free to reach out to our firm if you'd like to discuss your case. You certainly have our sympathy.

Peter N. Munsing
Peter N. Munsing

A: You want to contact a member of the Ill Trial Lawyers Assn who handles crashworthiness cases. If you can't locate one let me know, because chances are the insurance won't equal her lifetime earnings. ITLA members give free consultations, take cases on a contingent fee.

As Mr. Rohrscheib has outlined an actualry and/or vocational specialist would project the economics. The bigger issue is that the coverage that the other person has and any underinsured motorist she had is dwarfed by the losses you mention and of course your personal loss, for which there is no real compensation, just whatever the coverage there is.

In dealing with sudden tragic loss, permit the presumption but a counselor/therapist who deals in grief counseling is most helpful as you process this falling mounain of emotions and loss.

All the best to you and your family.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.