A wrongful death lawsuit occurs when an individual loses their life due to the negligence, recklessness, or intentional actions of another party. While no amount of compensation can ever truly replace a loved one, wrongful death claims aim to provide justice and financial restitution to those left behind, especially in cases where the deceased played a significant role in the family’s economic well-being.
In these types of cases, the role of a vocational expert can be crucial, especially when determining the economic impact of the deceased’s loss. A vocational evaluation assesses the deceased’s potential earning capacity, career path, and the future earnings their family would have relied upon. This evaluation can provide a powerful argument in calculating damages and helping the court understand the full scope of the loss.
In this blog, we will explore what a vocational expert does, why their evaluation is important in wrongful death cases, and how organizations like OASINC can assist in these evaluations.
What is a Vocational Expert?
A vocational expert is a professional with specialized knowledge in the areas of employment, careers, and the labor market. These experts are often employed in legal cases to evaluate a person’s work history, skillset, earning capacity, and potential future earnings. Vocational experts are particularly important in personal injury and wrongful death cases where the deceased or injured party’s income, future earning potential, and career trajectory need to be analyzed.
In wrongful death cases, vocational experts play an integral role by providing an objective evaluation of the economic value that the deceased person contributed, or would have contributed, to their family and community. This is particularly significant when the deceased was the primary breadwinner, or when their income was essential for the financial stability of their family.
The Role of a Vocational Expert in Wrongful Death Cases
In wrongful death lawsuits, vocational experts help quantify the financial loss incurred by the family after the death of their loved one. This is accomplished by assessing various factors, such as:
1. Economic Loss Assessment
The primary role of a vocational expert in wrongful death cases is to assess the economic loss. This process involves evaluating the deceased’s employment history, skill set, and earning potential. A vocational expert will take into account the deceased’s occupation, education, work experience, and any future career plans they may have had. By doing so, they estimate the future income the deceased would have earned had they lived.
2. Life Expectancy and Career Potential
Vocational experts also consider the life expectancy of the deceased and the typical career progression within their field. For instance, a 30-year-old accountant with several years of experience may have had a steady rise in their income over the next 30 years. The vocational expert will also account for regional employment trends and how the person’s career path might have evolved, factoring in promotions or potential career shifts.
If the deceased was young, such as a child or teenager, the expert would evaluate potential career paths and earnings that could have been achieved if they had lived to adulthood.
3. Impact on the Family and Dependents
When a family member passes, their dependents often face significant financial hardship, especially if the deceased was the primary earner in the household. Vocational experts will analyze how the loss of the deceased will impact surviving family members, particularly their dependents who might have relied on the decedent’s income. In some cases, the vocational expert may also assess how much the surviving family members could potentially earn in replacement of the deceased’s income, although this often cannot replace the full emotional and financial support that the deceased provided.
4. Calculating Damages
Once the vocational evaluation is completed, the expert’s findings are used to calculate economic damages in the wrongful death case. This typically includes lost wages, projected future earnings, and benefits that the deceased would have received if they had continued working. The expert’s role is crucial in providing an accurate and reasonable estimate of these figures, which attorneys can present in court.
How Vocational Evaluations Impact Wrongful Death Claims
Vocational evaluations help create a clear picture of the economic consequences resulting from a wrongful death. This is vital for both the legal team and the judge in determining how much compensation the survivors are entitled to. Without a vocational expert’s input, wrongful death claims may lack the depth needed to prove the full extent of the financial losses experienced by the family.
A vocational expert’s testimony can also help make the case stronger when:
- The deceased was a high earner: If the decedent had a high-paying or specialized job, a vocational expert can calculate the long-term income loss with more precision.
- The deceased was younger or in the early stages of their career: For younger individuals who may not have established an income history, a vocational expert can use data about similar career paths and earning potential to estimate future earnings.
- The deceased provided non-monetary value: In cases where the deceased provided significant caregiving or support that went beyond financial contributions (for instance, stay-at-home parents), vocational experts can help quantify the value of these non-economic contributions.
The Importance of OASINC in Vocational Evaluations
One of the most respected names in vocational expert services is OASINC (Occupational Assessment Services, Inc.). OASINC is a leading provider of vocational evaluations and has a long history of supporting wrongful death, personal injury, and disability cases.
OASINC employs a team of professionals with expertise in vocational evaluation, labor market analysis, and career consulting. Their role in wrongful death cases includes:
- Conducting thorough vocational assessments.
- Analyzing labor market data to determine future earning potential.
- Estimating future lost earnings, including non-wage benefits (such as health insurance or retirement savings).
- Preparing detailed reports and providing expert testimony in court.
With years of experience and a track record of successful case resolutions, OASINC’s team of vocational experts is a trusted source for attorneys handling wrongful death cases. Their thorough evaluations ensure that families receive the appropriate compensation to mitigate the financial impact of losing a loved one.
How Vocational Experts Gather Information
A vocational expert gathers a comprehensive set of information to perform a proper vocational evaluation in wrongful death cases. These factors may include:
- Work history and employment records: The expert will look at the decedent’s job history, positions held, and length of time in the workforce.
- Education and training: The deceased’s education level, certifications, or specialized training will be analyzed.
- Career potential: The expert will research how the decedent’s career would have likely progressed, considering industry trends and regional economic factors.
- Earnings history: The expert will examine past earnings to estimate future income.
Conclusion
In wrongful death cases, a vocational expert plays an essential role in quantifying the financial impact of the loss. Through a thorough vocational evaluation, the expert provides insight into the future earning potential of the deceased, which is a critical factor in determining the compensation owed to surviving family members. Organizations like OASINC offer vital services in providing accurate, evidence-based evaluations, ensuring that the economic loss of a loved one is fairly represented in the legal process.
For families navigating the emotional and financial turmoil of wrongful death claims, the expertise of a vocational expert can make a significant difference in securing fair compensation. The expert’s work helps ensure that the impact of a tragic loss is acknowledged in both emotional and financial terms, aiding families as they rebuild and move forward.
