If you have suffered the loss of your spouse in a fire or explosion while your spouse was working, in most states you and your family will only be entitled to recover specified death benefits from your spouse’s employer under workers’ compensation laws.
If you have lost your husband in a fire or explosion caused in whole or in part by someone other than your spouse’s employer, you (and your dependent children) are likely to have a cause against the person or company responsible for a number of losses, including:
- Loss of future wages. The amount of loss of future wages is typically determined by using an economic expert to show how much a person would have earned over the course of his or her lifetime if he or she had not been killed. Future wages take into account aspects such as likely increases in salary or wages, the number of years that the person would have continued to work, and other economic factors, such as a discount for wages to be paid in the future. In determining the loss of future wages in a wrongful death case, it is important to establish a solid foundation for such wages, as it can be expected that the defendant or defendants will contest and propose an alternate theory for claiming lower lost wages.
- Pain and Suffering (in some cases and in some states). Pain and suffering are often the largest award in a personal injury case. If the person injured subsequently dies, states differ in terms of whether their survivors are entitled to recover for pain and suffering experienced by the injured person prior to death. It is therefore important to understand the laws of the state to determine whether pain and suffering are applicable. If a person died instantaneously, usually no pain and suffering would be awarded.
- Loss of consortium, companionship or parenting. Loss of consortium, companionship, or parenting refer to the emotional loss suffered by wife or husband and the minor children as the result of the loss of a spouse and a father or mother. It is up to a jury to determine a proper award for loss of consortium or companionship based upon the facts and circumstances of each case.
- Medical, personal property, and similar damages. If a spouse is responsible for medical and other bills incurred, or if property has been damaged or destroyed (such as a vehicle or house), compensation for medical bills and the fair market value of property destroyed would be applicable.
These are only some of the possible benefits that you and your family may receive; the damages to which you may be entitled will be dependent upon the facts and circumstances of your situation.
Working to Recover Full Compensation
As an experienced personal injury attorney, firm founder Chris Dysart has recovered millions of dollars for those injured and the families and loved ones of those who experienced a loss of a loved one. To find out more about the types of damages they you may recover for the loss of a spouse, please call us for a free, no obligation consultation. Because we represent wrongful death clients on a contingency fee basis, there is no fee to us unless and until we recover for you.
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