Wrongful Death Lawyer Irvine

A “wrongful death” happens when an individual loses their life as a result of a negligent, reckless, careless or intentional act of a person or entity. When a family member, or someone who is close to you, has lost their life due to one of these occurrences, it is crucial to contact one of our attorneys at the Sorkin Law Group. We are well established and have built up a reputation for our professional handling of cases of wrongful death.

Statistics for Wrongful Deaths

Accidental fatalities in the U.S. are high and the National Safety Council has revealed that a fatal injury happens every 5 minutes. In 2003 alone, 101,500 accidental deaths took place. The most common causes of these types of fatalities are vehicle accidents, slips and falls, poisoning, death from choking, fire and smoke related. Not all these accidental deaths will result in the filing of a lawsuit for wrongful death, but the potential is there for the kin of the decedent to assert their legal entitlements and file a wrongful death claim.

Statutes for a Wrongful Death

Historically, wrongful death lawsuits never existed as the person who would be eligible had already lost their life. However, times have changed and state legislatures came to their senses when they realized the concept did not compensate any family members for their tragic loss, many of which have suffered financially and have lost the love and companionship of a meaningful person.

Wrongful Death Claims in California

Laws in California regarding wrongful death allow those family members who have a specific relationship with the wrongful death victim the chance to file a claim for a wrongful death.

They are in order as follows:

  • The spouse of the victim
  • The children of the victim
  • Any dependent stepchildren
  • Any other dependent minors who have lived in the household of the victim for no less than 6 months
  • Any dependent parents

If there is no one eligible from the list then claimants can be:

  • Non-dependant parents
  • Siblings
  • Deceased siblings’ children
  • Grandparents
  • A deceased spouse’s children.

 

Any personal representative of the victim of wrongful death can file a wrongful death claim on behalf of other family members. The definition of a personal representative is someone who has been appointed by a probate court to distribute the assets of the wrongful death victim. When the value of the estate or assets has been finalized and the cash is readily available from the wrongful death claim, they can be shared out by the personal representative following procedure laid out by the wrongful death statute.

You will need a wrongful death lawyer

If someone who was close to you has lost their life as a result of the reckless, negligent or behavior of a person, it is important for you to contact a personal injury lawyer at the Sorkin Law Group who are well established and have vast experience in handling sensitive cases that involve a wrongful death.

As a wrongful death is a serious issue, it could involve a high value claim depending on the circumstances of the individual at the time of the wrongful death. There are certain factors that a wrongful death attorney will establish when pursuing the wrongful death claim.

These include:

  • A need to establish the potential life expectancy through assessing the age of the victim, health status, past activities, past lifestyle and previous occupation.
  • The loss of financial support to the immediate heir if the wrongful death victim was providing such support. A financial analysis of the employment history of the victim, previous wages, and what would have been expected
  • Calculating the wrongful death monetary value of the loss of a companion. How much this component is worth is not fixed but an experienced wrongful death lawyer will know how to calculate the value of this component and how to convince the courts.

What is the value of a wrongful death claim?

The intention of a wrongful death lawsuit is to offer some form of compensation to the plaintiffs for what they have lost but not the losses of the deceased. Plaintiffs cannot get back the victim of a wrongful death’s medical costs, loss of income and damage to property.

There are many other features of a wrongful death claim that an experienced wrongful death attorney can explain to you if you decide you and your family deserve some sort of compensation for the tragic untimely loss of a member of your family.

If you wish to discuss your wrongful death case, contact the Sorkin Law Group in Irvine CA at 949-502-0273 to arrange for your free consultation. You would be wise to act quickly to assert your legal rights and get justice for the loss of a loved one.