Wrongful Death and Loss of Income
The financial struggles that often accompany the death of a loved one can make an already difficult time seem unbearable. Whether your loved one was the sole provider in your family or you shared the cost of expenses evenly, the death could leave you struggling financially. Our attorneys at Flickinger Sutterfield & Boulton in Provo, UT understand how stressful the loss of a loved one can be. If your loved one’s death was caused by someone else’s negligence, we can help you file a wrongful death claim to recoup that loss of income. Wrongful death and loss of income is just one of many types of damages our attorneys can help you pursue to hold the other party responsible. Who Can File a Wrongful Death and Loss of Income Claim? Loss of income damages is generally awarded to the deceased’s dependents whom he or she provided financial support. This may include a spouse, children, and even parents or grandparents. Generally, a representative for the deceased’s estate, which may be a spouse, files the claim on behalf of all potential beneficiaries. How Are Loss of Income Damages Calculated? First, the family must provide proof of the deceased’s income and the amount of support provided. The amount of “support” each dependent receives depends on a number of factors. First, you must look at what the deceased earned previously and his or her projected earning capacity up until retirement. Financial experts may be called on to more accurately calculate estimates such as raises and promotions. The amount of support the deceased provided to his or her dependents will also play a role. If the deceased was the sole provider, the surviving spouse may receive support through retirement (age 65). If both spouses worked, the surviving spouse must provide proof of the support the deceased provided previously. Minor children can receive support through the age of 18. In some cases, children can also receive support for college if there is sufficient evidence to prove the deceased would have contributed to the child’s higher education. Why Do I Need a Lawyer? Wrongful death claims are inherently complex, to begin with, but determining a loved one’s potential earning capacity is best left to the experts. At Flickinger Sutterfield & Boulton, our attorneys work with several financial experts to provide all the necessary proof of your loved one’s earnings and support, and also their potential earning capacity. They will look at your loved one’s education level, employment history, and other factors that might have affected his or her future income. Our attorneys will ensure that the needs of all dependents are met in an effort to help restore your financial security during this difficult time. Call Our Law Firm to Speak with an Attorney If you lost a loved one in an accident caused by another party’s negligent or reckless actions, contact us today to speak with an attorney about filing a wrongful death claim. They will review the details of your claim and discuss your eligibility for damages.
Who Can File a Wrongful Death and Loss of Consortium Claim?
If you lost a loved one due to fatal injuries in an accident caused by another party’s negligence or misdeeds, you may have a wrongful death and loss of consortium claim. The attorneys at Flickinger Sutterfield & Boulton in Provo, UT can help you understand your rights and will review your wrongful death case in detail to determine if you are eligible for compensation. If you are, they will provide you with the legal representation needed to successfully file and receive compensation for your loss of consortium. What Is Loss of Consortium? In wrongful death cases, loss of consortium refers to the damages the surviving spouse suffers. These damages account for the non-economic support the deceased provided to his or her spouse and family. After a loved one’s death, the surviving spouse loses the companionship, love, affection, and emotional support that were previously enjoyed in the marriage. Who Can File a Wrongful Death and Loss of Consortium Claim? In most cases, the surviving spouse is the only party who can file a loss of consortium claim. In limited circumstances, a parent or child may have the right to file such a claim. If you are unsure whether you can file a wrongful death and loss of consortium claim, one of our attorneys can evaluate your case and determine whether you are eligible for such compensation. It is important to note that laws regarding wrongful death and loss of consortium vary from state to state, so it is essential that you work with an experienced law firm like Flickinger Sutterfield & Boulton. Our attorneys have decades of experience in this area of law and will ensure your claim meets the criteria as outlined by state law. How Are Loss of Consortium Damages Calculated? These damages are more difficult to calculate because they are compensation for non-monetary losses. Compensatory damages usually cover financial losses, such as medical and funeral expenses and loss of income. Loss of consortium accounts for other categories, like shared household chores and affection. Loss of consortium damages can vary greatly depending on a variety of factors, such as each spouse’s age, length of the marriage, quality of the relationship, and more. It is also important to understand that many states limit the amount of damages a surviving spouse can collect for loss of consortium. In order to collect the maximum amount possible, you need a skilled team of attorneys on your side. Contact Our Compassionate Attorneys Today The loss of a loved one is perhaps one of the most difficult experiences a spouse must endure. The grief, loneliness, and depression, coupled with the loss of financial security can be overwhelming. Our attorneys understand what you are going through and will work with you to ease some of your stress and worry during this difficult period. We handle all wrongful death and loss of consortium claims with the personal care and attention you deserve. To meet with one of our compassionate attorneys, contact our law firm and schedule a consultation.
Auto Accidents and Poor Road Conditions: Who Is Liable?
Liability is relatively clear in cases of drunk or distracted driving. But who is responsible if your car accident is caused – or worsened – by poor road conditions, such as pot holes or damaged guardrails? At Flickinger Sutterfield & Boulton in Provo, UT, our attorneys are experts in auto accidents caused by poor road conditions. With their thorough investigative methods, they will gather evidence to show the poor road conditions caused or worsened your accident, and that a third party is liable for your damages. Poor Road Conditions that Lead to Accidents There are any number of poor road conditions that can cause an accident, including: Potholes Large cracks in the pavement or asphalt Damaged, missing, or hidden signs (usually due to overgrown trees, bushes, etc.) Faded paint markings that were not seen by the driver Damaged or lack of guardrails Failure to place rumble strips on highways These conditions can also worsen the damages caused in an accident. For example, if you were sideswiped by another car, which caused you to spin out of control, a proper guardrail could keep your car from careening over the edge of the highway. If that guardrail was damaged or wasn’t there to begin with, your car might flip over the edge and down a hill, or spin into oncoming traffic. While that damaged guardrail did not cause the accident, it did result in greater damage and more severe injuries. Auto Accidents and Poor Road Conditions: Who Is at Fault? Roads and highways are typically maintained by local or state governments. Sometimes they share maintenance responsibilities, while in other cases, a single entity is responsible for the maintenance for a particular roadway. To determine which entity is responsible for roadway maintenance, you need a skilled attorney on your side. At Flickinger Sutterfield & Boulton, our attorneys will thoroughly investigate the cause of your accident and determine which party failed to properly maintain the roadway. In order to have a viable case, we must prove that the poor road conditions caused the accident and that the governing agency was negligent in their roadway maintenance. Can You Sue Government Agencies? Generally speaking, most government agencies at the local, state, and federal level have immunity, meaning they cannot be sued. However, in certain cases, exceptions may be made. Usually these exceptions are made only when gross negligence is involved. The circumstances in which an injured motorist can sue due to poor road conditions can vary from state to state. In addition, states often impose stricter statutes of limitations on lawsuits that might involve government agencies than the traditional personal injury lawsuit. Speak with an Attorney Today While it may be possible to sue the government agency in your particular case, it is much more difficult, and you must do so in a shorter amount of time. This makes working with an experienced attorney critical. To find out if you have a case, contact our law firm and schedule a consultation with one of our attorneys.