What If the Person Who Died Was the Main Income Earner?

When a family’s main income earner dies, their death may create serious financial difficulties in addition to the grief of losing someone close to you. A wrongful death claim may allow eligible surviving family members to seek compensation for certain financial losses caused by the death.

Shulman & Hill Injury Lawyers represents families dealing with the consequences of fatal accidents. A wrongful death lawyer in New York can evaluate your circumstances and explain what compensation may be available under New York law.

Losing the Main Income Earner Can Create Significant Financial Hardship

The death of the main income earner can affect nearly every part of a family’s financial situation. Families may suddenly lose the income that paid for housing, food, utilities, insurance, education, transportation, and other everyday expenses.

The financial impact caused by the loss of a loved one can be particularly significant when the deceased person was responsible for most or all of the household’s income. Surviving family members may also need to pay expenses associated with the person’s death while adjusting to a future they did not anticipate.

While a wrongful death claim can never replace the person who died, compensation recovered may help address some of the financial losses resulting from their death. Depending on the circumstances, these losses may include:

• Lost financial support
• Lost wages and future earnings
• Loss of household services
• Funeral and burial expenses
• Medical expenses related to the fatal injury
• Other losses recognized under New York law

Determining the value of these losses can require a detailed review of the deceased person’s income, work history, expected future earnings, and contributions to the household.

How Is Lost Income Calculated in a Wrongful Death Case?

The amount of income a person earned before their death is only one factor that may be considered when evaluating financial losses. A wrongful death claim may also involve income the person reasonably would have earned in the future.

For example, a person in their 30s who was earning a steady salary may have expected to continue working and earning income for many years. Their family may have relied on that income to meet current expenses and plan for the future. An evaluation of lost income may consider factors such as:

• The person’s salary or wages
• Employment history
• Age at the time of death
• Expected working life
• Career progression
• Benefits provided through employment
• Bonuses, commissions, or other compensation
• Financial support provided to surviving family members

A person’s earning capacity and expected financial contributions may have changed over time, making it important to examine the evidence rather than simply looking at their most recent paycheck. The team at Shulman & Hill can help determine the full value of your claim.

What About the Financial Support the Deceased Would Have Provided?

In addition to income, the deceased may also have provided services that would otherwise require the family to spend money to replace. For example, a parent may provide childcare, transportation, home maintenance, cooking, or other household services. One spouse may manage responsibilities that allow the other spouse to work full-time.

When the person who provided these services dies, surviving family members may need to pay someone else to perform them or take on those responsibilities themselves. The value of these contributions may be relevant to a wrongful death claim. The specific compensatory damages available depend on the circumstances of the case and applicable New York law.

What if the Family Has Children?

The financial consequences of losing a primary income earner can be especially significant when children depended on that person’s income and support. Children may have depended on a parent for necessities such as:

• Housing
• Food
• Clothing
• Medical care
• Education
• Transportation
• Childcare
• Other everyday expenses

The costs associated with raising children generally continue for years after a parent’s death. A wrongful death claim may take the deceased person’s financial contributions to the family into account when determining the losses caused by the death. An attorney at Shulman & Hill can review the family’s circumstances and explain what damages may be available.

What if the Deceased Was Self-Employed?

Calculating financial losses can be more complicated when the person who died owned a business or was self-employed. A business owner may not receive a traditional salary that accurately reflects the financial value they provided to their family.

Their income may fluctuate from year to year, and their business may have provided benefits or other financial advantages that are not reflected in a regular paycheck. Relevant evidence showing the full financial losses caused by the death may include:

• Business records
• Tax returns
• Financial statements
• Contracts
• Customer records
• Compensation history
• Business ownership interests
• Evidence of future business opportunities

A careful investigation by the team at Shulman & Hill can help establish the person’s historical earnings and provide a basis for evaluating the financial contributions they reasonably may have made in the future.

What if the Family Was Not Entirely Dependent on the Income of the Deceased?

A person does not necessarily need to have been the family’s sole income source for their death to cause compensable financial losses. For example, a husband and wife may both work, but one spouse may earn substantially more than the other. If the higher-earning spouse dies, the surviving spouse may still experience a significant loss of financial support.

Similarly, a family may have savings, retirement accounts, or other sources of income that provide some level of financial support but do not fully account for the losses caused by the death.

Every family’s financial circumstances are different, which is why the financial impact of a wrongful death should be evaluated on an individual basis.

Get Help From an Experienced Wrongful Death Attorney Today

If the person who died was your family’s main income earner, their death may have created financial challenges that compound the grief of losing someone you love. A wrongful death claim may provide a way to pursue compensation for financial losses resulting from the death.

At Shulman & Hill, we have over 200 years of combined experience and have recovered over $1 billion in damages for our clients. We can review the circumstances surrounding your loved one’s death, help identify the financial losses your family has experienced, and explain your legal options. Contact us today for a free consultation.