CAN THE MOTHER OF A 35 YR.OLD SON WHO WAS COLLECTING DISABILITY BENEFITS ADD THE INCOME LOSS TO A WRONGFUL DEATH CLAIM ?

December 30, 2016

Question

A 35 YR.OLD MAN LIVED W/ HIS MOTHER AND DIED DUE NEGLIGENCE... BY HOSPITAL AND/OR DR.(S). CAN THE LOSS OF HIS "INCOME" BE CONSIDERED IN ANY CLAIM BY HIS MOTHER ?

Answer

You really ought to be asking your own lawyer this question. Generally, loss of permanent disability payments upon death results in an "economic loss" to the estate and 'loss of benefits' is allowable in the calculation of 'economic loss', however, as a collateral source intended to replace the costs the parent(s) would otherwise incur providing for the material needs of the disabled person during their lifetime, the Defendants to the suit may challenge the inclusion of these benefits as an economic loss. That burden is on them. In other words, in the pleadings, include it, but it may end up being offset later by the costs of care.

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