Question

Dr. Pam was standing across the street corner across from the hospital. Since she was the chief of surgery in the hospital, she had crossed this street many times. Dr. Pam carefully looked both ways before crossing the street and then started to walk forward. A car pulled around the corner, speeding and running a red light, and hit Dr. Pam. The driver of that automobile was named Jack. Several other doctors saw the accident and immediately ran to Dr. Pam's aid. The automobile had crushed most of her body including her skull. Unfortunately, Dr. Pam appeared to have died instantly from the injuries. Dr. Pam was married to Bill. Bill was a local investment banker and had substantial income of his own. Bill and Dr. Pam had three children. The children were ages 2, 5, and 7. Bill will seek recovery from Jack for medical bills and pain and suffering suffered by Dr. Pam. Using the same set of facts as Question 9, Bill will want to consult with his attorney about how the damages for Dr. Pam's future lost wages will be determined. Since Bill earns a substantial annual salary himself, he has not used Dr. Pam's income. Dr. Pam's income was invested to pay for future education expenses for their three children. What advice should Bill's attorney give him? A. Since Bill earns a substantial income there can be no recovery for Dr. Pam's future lost wages. B. Some jurisdictions would determine the total amount of future lost wages for the recovery and then divide it among the beneficiaries. C. Some jurisdictions would determine the amount of damages for future lost wages based upon the amount that individual beneficiaries actually lost. Under such a determination, the children would receive a substantial recovery and Bill would receive nothing. D. Both B and C.

Answer 1

The advice Bill's attorney should give him is Both B and C. Thus option D is correct.

Step-by-step explanation:

In this scenario, the determination of future lost wages for Dr. Pam would vary based on different jurisdictions' legal principles. Option B suggests that in some jurisdictions, the total amount of future lost wages would be calculated, then divided among the beneficiaries, including the children and Bill. However, option C proposes that in other jurisdictions, the damages for future lost wages might be based on the actual loss suffered by individual beneficiaries. This means the children would receive a substantial recovery while Bill would receive nothing for Dr. Pam's lost wages due to his substantial income.

In cases like this, the calculation of future lost wages often considers the deceased individual's projected income, career trajectory, life expectancy, and the financial contributions they would have made to their dependents, in this instance, the children. As Bill has a substantial income of his own and has not used Dr. Pam's income, some jurisdictions might prioritize compensating the dependents directly for their loss of financial support, which aligns with option C. On the other hand, option B reflects a method where the total lost wages would be calculated and divided among the beneficiaries, including Bill and the children.

Ultimately, the attorney should advise Bill on the applicable laws and precedents in their specific jurisdiction to determine the potential outcome regarding the distribution of damages for Dr. Pam's future lost wages among the beneficiaries. The decision would heavily rely on the legal principles and precedents established in that particular jurisdiction regarding such cases. Thus option D is correct.