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?
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.
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.
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