A Seattle Injury Lawyer Explains How to Determine a Dependent in a Wrongful Death Claim
Posted Tuesday, December 24, 2013 by Chris Thayer
If you have a wrongful death claim for your spouse or another, a Seattle injury attorney can help determine who may be entitled to survivor’s benefits. In most cases, those persons deemed dependents of the deceased, have a benefit claim.
Five Factor TestIn determining whether a claimant qualifies as a dependent of the deceased, your Seattle injury attorney will explain how adjusters look at these factors.Was the claimant completely or partially dependent on the deceased?How long would the claimant have been dependent on the deceased if he/she had not died?How close was the claimant to the deceased?What expenses are involved in the claimant’s care (food, clothing, education, etc.)?What was the status of the claimant?
Your Seattle injury lawyer can discuss what documents or evidence may be necessary to support your responses to these questions.
Determining StatusYour Seattle injury attorney will analyze a claimant’s status to the decedent. In particular, adjusters consider children, spouses and parents.
ChildrenIn general, your Seattle injury lawyer will explain that the greater the dependency, the higher the potential claim value. Older children would likely need less financial support than younger children.
SpousesAdjusters should look at what financial amount would keep the surviving spouse in the lifestyle he/she is accustomed. Love and companionship loss may also be compensated.
ParentsParent dependents are often the most difficult to prove for your Seattle injury attorney. Proof of financial support from the decedent is necessary. Even if not financially supported by the decedent, a Seattle injury attorney can make a claim for a parent’s emotional loss of their child. The closer the relationship (frequent visitor), the higher the potential claim value.
When dealing with a wrongful death claim, put an experienced Seattle injury attorney to work for you. Contact Chris Thayer at (206) 340-2008.