TORRANCE WRONGFUL
DEATH ATTORNEY
Fighting for the rights of loved ones left behind by victims of negligence and recklessness in Torrance, LA
Zero Fees Unless We Win
In the wake of the heartbreaking loss of a loved one, it’s crucial to have a supportive and experienced legal team by your side. RTM Law Firm specializes in wrongful death cases across California, offering not just empathy, but also the strong advocacy you need during such challenging times. Our personal injury lawyers in Torrance are deeply committed to standing up for the rights of families who have faced profound losses.
Understanding the emotional turmoil and financial distress that accompanies the untimely passing of a loved one, we are dedicated to tirelessly pursuing justice on your behalf. Our goal is to secure the compensation you deserve for pain and suffering, medical expenses, lost income, and funeral costs.
Allow us to be your champion in seeking justice. In these moments of profound sorrow, our Torrance wrongful death lawyers are committed to helping you find closure and peace.
What Does Wrongful Death Mean?
Wrongful death is a legal term used to describe a situation where an individual’s death is caused by the negligence, recklessness, or intentional actions of another person or entity. It forms the basis for a civil lawsuit brought by the deceased person’s survivors or estate against the responsible party.
The aim of a wrongful death claim is to seek financial compensation for the losses incurred by the survivors, which can include lost wages, loss of companionship, emotional distress, and funeral expenses.
This type of claim is distinct from criminal proceedings and is focused on providing restitution to the deceased’s family for their loss.
Survival Action and Wrongful Death Claims
A Survival Action and a Wrongful Death claim are two distinct legal concepts, often used in conjunction with each other when an individual’s death is caused due to the fault of another. Understanding the difference between these two is essential in the context of personal injury law.
Wrongful Death Claim
- Definition: A wrongful death claim is a legal action brought by the survivors or the estate of a deceased person against the party responsible for the death. This claim is made to seek compensation for the losses suffered by the survivors due to the death.
- Who Files: It is typically filed by close family members, such as the spouse, children, or parents of the deceased.
- Damages Covered: The damages in a wrongful death claim usually include loss of financial support, loss of companionship and love, emotional distress, funeral and burial expenses, and sometimes loss of consortium.
- Focus: The focus of a wrongful death claim is on compensating the survivors for their losses resulting from the death of the loved one.
Survival Action
- Definition: A survival action is brought on behalf of the deceased person’s estate for the claims that the deceased could have filed had they survived. It essentially allows the estate to step into the shoes of the deceased to pursue these claims.
- Who Files: This claim is filed by the executor or administrator of the deceased person’s estate.
- Damages Covered: The damages in a survival action include the pain and suffering endured by the deceased from the time of injury to the time of death, medical expenses incurred due to the injury, and lost wages during that period.
- Focus: The focus of a survival action is on addressing the harm that the deceased suffered prior to death.
Both claims are essential legal tools in seeking justice and compensation when a death occurs due to someone else’s wrongful actions. They serve different purposes and provide different types of compensation to the estate and the surviving family members. These claims are often filed together to fully address the range of economic and non-economic damages resulting from the tragic inciden
Lost a loved one because of
someone else’s negligence?
Waiting will hurt your case.
Call our wrongful death lawyers
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Why Trust RTM Law With Your Wrongful Death Case in Torrance
Proven Expertise in Personal Injury Cases
Our team at RTM Law specializes in wrongful death cases with a deep understanding of California’s personal injury laws. We handle complex cases with precision and expertise.
Tailored Client-Centric Strategies
Our Torrance wrongful death attorneys tailor our legal strategies to each unique case, prioritizing your needs and ensuring your voice is heard throughout the legal process.
Significant Settlements Won
RTM Law has successfully secured significant settlements and verdicts in wrongful death cases, ensuring financial peace of mind for our clients in Torrance and throughout California.
Have you lost a loved one
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Lost a loved one due to an accident?
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Common Causes of Wrongful Death
Common causes of wrongful death, which often lead to legal claims, include:
Vehicle Accidents
Car, motorcycle, truck, and pedestrian accidents frequently result in fatalities, often due to reckless driving, speeding, DUI, or mechanical failures.
Medical Malpractice
Deaths resulting from medical errors, misdiagnoses, surgical mistakes, or negligence in healthcare settings.
Workplace Accidents
Fatal incidents in workplaces, especially in high-risk industries like construction, manufacturing, or mining, often due to safety violations or inadequate training.
Product Liability
Deaths caused by defective or dangerous products, including faulty machinery, toxic substances, or unsafe consumer goods.
Slip and Fall Accidents
Especially among the elderly, fatal injuries can occur due to falls resulting from unsafe property conditions.
Recreational Accidents
Fatal injuries during recreational activities, like boating, swimming, or sports, often due to negligence or unsafe conditions.
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.
Lost a loved one because of
someone else’s negligence?
Waiting will hurt your case.
Call our wrongful death lawyers
No fees until we win. Available 24/7.
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.
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Torrance Wrongful Death Attorney: FAQs
The average settlement amount for a wrongful death claim varies, as it is dependent on many factors such as the circumstances surrounding the death, the age and earning potential of the deceased, and any expenses incurred by the surviving family members. The sum falls in the range of thousands to millions of dollars. It is best to consult with an experienced wrongful death attorney in Torrance for a more accurate estimate based on your specific case.
Yes, you can still file a wrongful death claim even if the person responsible was not found guilty or charged with any crime. Wrongful death claims are separate from criminal charges and focus on seeking compensation for damages caused by negligence, such as medical expenses, funeral costs, loss of income and companionship, and emotional distress.
According to California law, the statute of limitations for filing a wrongful death claim is two years from the date of death. of your loved one. However, there are exceptions to this rule depending on the circumstances of the case. Consult with a Torrance wrongful death attorney as soon as possible to ensure you do not miss any crucial deadlines.
Without a will, their estate will be distributed according to California’s laws of intestate succession. This means that their assets and property will be divided among surviving family members, including spouses, children, parents, and siblings. You may still be able to file a wrongful death claim.
A wrongful death claim may be valid if it can be proven that another party’s negligent or intentional actions caused the death of your loved one.
The insurance company of the at-fault party may be involved in a wrongful death case if the policy covers the type of incident that caused the death. But remember that insurance providers are businesses and their main goal is to minimize payouts. You need an experienced personal injury and wrongful death lawyer on your side who can advocate for your rights and ensure you receive fair compensation.
Have you lost a loved one
due to another’s negligence?
Free consultation. No fees until we win.
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 (424) 999-7553 or completing our contact form.
Millions of Dollars Recovered for Accident Victims
Our California personal injury law firm has consistently obtained maximum outcomes and recovered millions for our clients
RTM WINS
$5,000,000
Global Settlement
Trucking Accident
RTM WINS
$2,000,000
Wrongful Death
Auto Collision
RTM WINS
$1,000,000
Global Settlement
Auto v. Truck
RTM WINS
$900,000
Car Accident
Auto v. Auto
RTM WINS
$485,000
Rear End Auto Collision
Involving Mild Brain Injury
RTM WINS
$425,000
Motorcycle Accident
Motorcycle Collision
RTM WINS
$425,000
Trip and Fall
Incident at Apartment
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We Help Car Accident Victims File a Personal Injury Claim in Torrance, California
RTM Law’s experienced Torrance personal injury attorney represents victims in a wide range of accident cases all over the city, including:
- 166th St.
- Artesia Blvd.
- C. Mayor
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- Delthorne
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