Irvine Wrongful Death Lawyer
Wrongful death cases present their own unique and specialized aspects, making it important for those affected to work with an attorney. An Irvine wrongful death attorney who has the requisite experience in handling these specific types of cases is the perfect fit.
Every wrongful death case is different and can become detailed and complex in terms of analyzing the causation element.The death certificate in and of itself can be a complicated matter depending on the cause of death and whether it properly reflects how the individual died. For these reasons, an injury attorney in Irvine, with experience in wrongful death cases specifically, is imperative to anyone interested in filing this type of claim.
Unique Aspects of Cases
Generally, when a wrongful death occurs, particularly if it is related to a motor vehicle accident, the death is sudden and unexpected. For this reason, wrongful death cases in California can be an incredibly emotional experience for everyone involved, which is something a wrongful death lawyer in Irvine will need to take into account.
An attorney must be prepared to deal with all the related emotional and psychological issues, while also dealing with the various law aspects of the case. In this regard, a lawyer will often serve as something of a counselor or psychologist helping the family through these issues associated with their wrongful death action.
In order to analyze and calculate the damages in a wrongful death case, it is important to look at the entire relationship between the deceased individual and the family and heirs who are bringing the case. The nature of the relationship and the exact loss to the surviving heirs are non-economic damages.
Economic damages, or the loss of financial support to the heirs and the family, depend upon the nature of the occupation of the deceased individual. For example, whether they were paid on a salary, a commission, or a type of deferred compensation will affect the damages. Depending upon the complexity of the compensation of the deceased individual, this may require an analysis by a qualified economist who can analyze the earnings of the deceased individual, not only in the past leading up to the date of death, but also into the future, which is called loss of future earnings or loss of earning capacity.
The losses to the family will include the future earnings of the deceased from the day of death into the future when the decedent was expected to retire. Generally, that could be 65 years of age, but it could be longer. All of these factors have to be completely and thoroughly reviewed and analyzed by an Irvine wrongful death lawyer in order to calculate all of the appropriate economic damages related to the loss of income of the family due to the death of their loved one.
Role of An Attorney
Following the death of a loved one, the family will be dealing with their own grief and emotional distress in regards to their personal and unique loss. An Irvine wrongful death lawyer, as a result, needs to be experienced in addressing these issues and assisting the family in whatever fashion they require to get through this difficult time. This can include anything from assisting with funeral arrangements to ensuring that the case proceeds as smoothly as possible.
Furthermore, if the decedent had a will or a trust, those issues need to be addressed. If the decedent did not have a will or a trust, California law describes the decedent as “intestate” which means there was no will or trust that can be utilized with regard to managing the affairs of the deceased individual. All of these factors need to be dealt with in the time period immediately following the death.
In terms of the attorney’s fees, wrongful death cases in California are generally handled on a contingency fee basis. This is similar to other types of personal injury cases where the attorney is compensated only if the case is successful on behalf of the family who lost their loved one.
In order to retain a qualified and competent wrongful death attorney, a retainer agreement or a fee agreement must be signed by the client and the attorney. This authorizes the attorney to handle the wrongful death case on behalf of the client, which are the heirs and family members who lost their loved one. The contingency fee is utilized so that the family does not have to pay an attorney on an hourly-basis. This allows them to have the case handled by a qualified lawyer who has had the appropriate experience handling wrongful death cases on behalf of the family to obtain the highest compensation available to compensate the family for their losses.