CALIFORNIA WRONGFUL DEATH ATTORNEY
Fighting for justice and the rights of loved ones left behind
by innocent victims of accidents in California
Available 24/7. Zero fees until we win.
In times of tragedy and loss of a loved one, it is important to have more than just sympathy – you need a strong support system. RTM Law specializes in handling wrongful death cases in California. We understand the deep sorrow and upheaval that such a situation can cause, and we are dedicated to fighting for your rights.
We are relentless in our pursuit of justice. We will not rest until you and your family have received the compensation you deserve for pain and suffering, medical bills, loss of income, and funeral expenses. Our experienced California wrongful death lawyer will ensure that you receive this fair compensation to make up for the loss of your loved one and help with any future financial hardships.
Let us be your advocate. Let us fight for justice – together we can seek closure in times of tragedy.
What Is Considered
a Wrongful Death in California?
Wrongful death is the result of negligence or intent to cause harm on another person. In California, wrongful death claims seek compensation for the surviving family members’ damages. These claims can be filed by the deceased’s estate or a representative appointed by the court. The purpose of a wrongful death claim is to hold the person or business who caused your loved one’s death accountable and obtain compensation for the losses you have suffered.
Note that pursuing a wrongful death claim is a legal action in civil court and is independent from any criminal charges that may also be brought in relation to the person’s passing. This implies that even if the accountable party is not convicted in a criminal case, they can still be held responsible in a civil lawsuit.
Wrongful Death and Survival Action
When the topic of wrongful death arises, the term “survival action” is commonly discussed. But what exactly does it entail?
A survival action is a legal case initiated by the deceased person’s estate to seek compensation for damages that the decedent would have been entitled to if they had lived. These damages may include medical expenses, lost income, and property damage sustained from the moment of the injury until the time of death.
In contrast to a wrongful death lawsuit, which provides restitution to the family members for their loss, a survival action is focused on obtaining compensation for the losses directly experienced by the deceased individual.
Knowing the distinction between the two types of lawsuits is important, as it can affect the way damages are awarded. If you have suffered due to the unexpected death of a loved one, contact our experienced California wrongful death attorney for advice on the best course of legal action. Together, we can work to ensure justice is served and that all losses are accounted for in the case.
FREE CONSULTATION. NO FEES UNTIL WE WIN!
Why Choose RTM Law
for Your Wrongful Death Case?
Genuine Expertise
At RTM Law, our team of experienced wrongful death attorneys, medical professionals, and case managers are well-versed in California’s personal injury laws. With our knowledge and expertise, we are able to handle even the most complex wrongful death cases with proficiency.
Client-First Approach
We recognize that each wrongful death case is unique, which is why we offer personalized legal strategies for each client. Your concerns are our top priority at RTM Law, and we are committed to ensuring that your voice is heard throughout the legal process.
Millions of Dollars Recovered
Our firm has a strong track record of achieving significant settlements and verdicts in wrongful death cases, amounting to millions of dollars in Orange County and across California. You can trust RTM Law to guide you through your case with confidence and provide you with financial peace of mind.
IF YOU HAVE LOST A LOVED ONE BECAUSE OF SOMEONE ELSE'S NEGLIGENCE,
OUR WRONGFUL DEATH LAWYERS ARE HERE TO ASSIST YOU IN FILING CLAIM.
FREE CONSULTATION. NO FEES UNTIL WE WIN!
Types of Accidents Leading to Wrongful Death
There are various situations that can result in wrongful death cases, including:
Motor Vehicle Accidents
These are frequent causes of wrongful death lawsuits. If a driver’s carelessness or reckless actions result in a fatal collision, the family of the deceased may pursue legal action.
Workplace Accidents
Employers have a duty to ensure safe working environments. If an employee dies due to hazardous conditions or workplace accidents, a wrongful death claim can be made.
Property Liability
This encompasses incidents where unsafe conditions on a property lead to someone’s death. Examples include structural collapses, insufficient lighting, or animal attacks.
Medical Malpractice and Negligence
This occurs when a healthcare provider fails to provide the standard of care, resulting in a patient’s death. This negligence can come from a doctor or hospital, leading to a wrongful death claim.
Who Can File a Wrongful Death Suit?
In California, the rules about who can file for wrongful death are specific and detailed in the California Code of Civil Procedure. Here’s a summary of who is eligible to file a wrongful death lawsuit in California:
Immediate Family Members
This includes the deceased person’s surviving spouse, domestic partner, and children.
Dependent Stepchildren and Parents
If the deceased person’s stepchildren or parents were financially dependent on them, they can file a wrongful death claim.
Dependent Minors
If a minor resided in the deceased’s household for 180 days prior to the death and was dependent on the deceased for at least 50% of their support, they may be eligible to file.
Other Heirs
If there are no surviving descendants of the deceased, then other individuals who would be entitled to the property of the decedent by intestate succession (such as parents or siblings) can file.
Personal Representative
The personal representative of the deceased person’s estate can also bring a wrongful death lawsuit.
Each case is unique, and the eligibility to file a wrongful death claim can depend on various factors. It’s important for individuals in California considering such a lawsuit to consult with a legal professional who can provide guidance based on the specifics of their situation.
Recoverable Damages From
a Wrongful Death Lawsuit
The damages that can be recovered are intended to compensate for the losses resulting from the death of a loved one. These damages can vary depending on the jurisdiction, but commonly include:
- Medical and Funeral Expenses: Costs incurred for the medical care of the deceased person before their death and funeral expenses.
- Lost Income and Benefits: This includes the lost income that the deceased would have earned if they had lived. It also covers benefits like pension or retirement income that the family would have received.
- Loss of Companionship and Support: Compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and, in some cases, the loss of the enjoyment of sexual relations.
- Value of Household Services: The estimated value of the services the deceased would have provided, such as childcare, housekeeping, and other domestic tasks.
- Loss of Consortium: This is a specific type of compensation typically awarded to the surviving spouse for the loss of a marital relationship.
- Loss of Inheritance: Potential inheritance the heirs could have received if the deceased had lived a natural lifespan.
- Punitive Damages: In some cases, if the defendant’s actions were particularly reckless or egregious, punitive damages might be awarded. These are meant to punish the wrongdoer and deter similar actions in the future.
- Emotional Distress: The survivors’ mental and emotional suffering due to the loss.
Have you lost a family member because of someone else’s carelessness? Our wrongful death attorneys can assist you in filing a claim. We offer a free consultation and won’t charge any fees until we secure a successful outcome.
FREE CONSULTATION. NO FEES UNTIL WE WIN!
How Much Money Can One Get
From a Wrongful Death Settlement?
The amount of money you can receive varies widely and depends on several factors. It’s important to note that there is no standard or fixed amount for wrongful death settlements, as each case is unique. Here are some of the key factors that can influence the settlement amount:
- Economic Damages: This includes calculable losses such as the deceased’s expected earnings, benefits (like pension or health insurance), medical and funeral expenses, and the value of household services they would have provided.
- Non-Economic Damages: These are more subjective and include compensation for loss of companionship, love, comfort, care, assistance, protection, affection, society, moral support, and consortium.
- Circumstances of the Death: The nature of the wrongful act leading to death can impact the settlement. For instance, if the defendant’s actions were particularly egregious, punitive damages may be awarded, potentially increasing the settlement amount.
- The Deceased’s Age, Health, and Earning Capacity: Younger individuals with higher earning potentials typically result in higher settlements due to the anticipated future income lost.
- Insurance Policy Limits: Often, settlements are limited by the amount of available insurance coverage held by the defendant.
- Legal Representation: The quality of legal representation can significantly impact the settlement amount. Experienced wrongful death attorneys may be more effective in negotiating higher settlements.
- Negotiations and Litigation: The willingness of both parties to negotiate and the ability to present a strong case can influence the settlement. Sometimes, cases that go to trial might result in higher awards, but this also comes with increased risk and time.
- Distribution Among Family Members: How the settlement is divided among family members can also be a factor, especially in cases where multiple parties have a claim.
Due to these varying factors, settlements in wrongful death cases in California can range from moderate sums to multiple millions of dollars.
Client Testimonials
Spencer Shields2023-11-15I was extremely thrilled with Ramin. His work ethic and professionalism made me feel very comfortable during my case. His punctuation was great and he was personable to talk with. I would highly recommend him as solid representation. Thank you so much 😊
Kayla Neff2023-11-11My experience with RTM LAW was very good! I got into a car accident and sustained bodily injuries, and they were very helpfully and commutative during the entire process. They are very nice people and I would absolutely recommend them to any of my family and friends.
Lester Alvarez2023-10-11I recommend this group
Dreaa xxo2023-10-04I had a great experience working with RTM! Rina my case manager was the best, always worked overtime just to adhere to my needs. I will definitely be recommending them to my friends!
Wendy Diaz2023-08-29Highly recommend. Extremely satisfied with RTM Law and all the staff who helped in this case.
Michelle Manian2023-08-28Ramin is a very kind understanding patient person who helped me with a situation. He gave me some great advice and insight. I found him via Google search, and I would recommend him. If you need legal advice, give him a call.
Jeff Fayngor2023-08-10Amazing law firm. We work with RTM law on multiple cases and can say with certainty they are a solid firm. They always treat our clients right and fight for whats right. They are a no nonsense type of firm. If you need a fighter in your corner call RTM
Ramin Amindari2023-07-11I recently had the pleasure of working with Ramin and RTM LAW for my traffic accident case, and I must say that I am beyond impressed with their exceptional skills, professionalism, and dedication. Their expertise in handling my case was nothing short of remarkable. From the very beginning, they patiently listened to my concerns, thoroughly assessed the details of my case, and provided me with clear and honest guidance throughout the entire process. All my injuries were addressed and taken care of promptly and professionally. They were incredibly responsive addressing all of my questions and concerns. I never felt left in the dark, as they kept me informed about every step and development. Their personalized approach made me feel like more than just a client; Rina was basically my personal assistant and would answer my call or email at anytime of the day when any minor or major question and issue arose. I felt supported and understood throughout the entire process. Ramin and RTM Law are outstanding attorneys who go above and beyond for their clients. Their expertise, professionalism, and dedication make them a true asset. If you find yourself in an auto collision and need a personal injury attorney, I wholeheartedly recommend reaching out to Ramin and RTM Law because they will provide you with the highest level of legal representation, support, and guidance.
Victim of an accident caused by someone else?
California Wrongful Death Attorney: FAQs
How long do I have to file a wrongful death lawsuit in California?
The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the deceased person’s death. However, this can vary in certain circumstances, so it’s important to consult with an attorney promptly.
Do I need a lawyer to file a wrongful death claim?
While it’s not legally required to have a lawyer, proving a wrongful death can be complex. An experienced attorney can help navigate the legal system, handle negotiations, and ensure that your rights are fully represented. Legal action after a wrongful death is often necessary to help grieving families get the resources they need to move forward.
How long does it typically take to settle a wrongful death lawsuit in California?
The time frame for settling a wrongful death lawsuit in California can vary significantly. Factors such as the complexity of the case, the amount of investigation required, the willingness of parties to negotiate, and court schedules all play a role. Some cases may settle within a few months, while more complex cases can take several years to reach a resolution.
Can a wrongful death claim be filed if the deceased person did not have a job?
Yes, a wrongful death claim can still be filed in California even if the deceased person was not employed. Compensation in such cases may include factors like the loss of companionship, love, and guidance, as well as the potential future income the deceased might have earned, and the value of household services they provided.
What is the one-action rule for a wrongful death suit in California?
The one-action rule mandates that all potential claimants must unite in a single lawsuit against the defendant. This is intended to avoid multiple suits for the same death, ensuring that the defendant faces only one legal action. It requires the inclusion of all parties eligible for damages, such as immediate family members and dependents, in a single lawsuit.
This approach provides finality and consistency in legal proceedings and prevents the defendant from being subject to multiple, potentially conflicting, judgments for the same incident.
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Trust Our Wrongful Death Lawyers to Fight For You.
Free Case Review.
Our diligent and knowledgeable attorneys in California are fully devoted to advocating for justice for your loved one. You do not have to navigate this difficult period on your own – contact RTM Law today and allow us to support you in seeking justice and the truth.
We are prepared to evaluate your case at any time, day or night. Reach out to our wrongful death lawyer in California by calling (949) 287-4342 or completing our contact form.