How To Determine Damages in a Wrongful Death Lawsuit
Filing a damage lawsuit in court is primarily for financial or monetary consideration as compensation for the death of a person caused by another person; this is commonly called pecuniary damages. The cause of action for damages may arise from the defendant’s fault or negligence that resulted in the wrongful death of the plaintiff’s immediate family member. The Florida Courts have interpreted that this monetary consideration includes the loss of income, medical expenses and funeral expenses. In the determination of the amount, the plaintiff through his Broward injury lawyer will present to the court evidences as a proof of the existence of the actual amount of money expended for medical and funeral expenses.
In the determination of how much should be paid by the defendant with regards to the loss of income of the deceased, the plaintiff through his Broward injury attorney may present documentary evidences, such as the payroll of the deceased or his income tax returns showing how much did he earned for the last taxable year. The purpose of this documentary evidence is to establish his actual income prior to his death and be made as a basis in the computation of the loss of his future income. The plaintiff may use expert witnesses such as economist, actuary or statistician for the scientific computation of the loss of income.
The expert witness will testify before the court on how much the deceased person could probably earn from the time of his untimely death up to the time of his productive life. The expert witness on his computation of the probable income will consider the age, the productive life expectancy, the health and intelligence, the current income earnings in relation to some other economic indicators such as inflation rate. The need to successfully prove the probable loss of income depends largely on the integrity and reputation of an expert witness hired by a Broward injury lawyer.