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.
- 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 incident.
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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.
IF YOU HAVE LOST A LOVE ONE BECAUSE OF SOMEBODY ELSE'S RECKLESSNESS, WE CAN HELP.
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Common Causes of Wrongful Death
Common causes of wrongful death, which often lead to legal claims, include:
Car, motorcycle, truck, and pedestrian accidents frequently result in fatalities, often due to reckless driving, speeding, DUI, or mechanical failures.
Deaths resulting from medical errors, misdiagnoses, surgical mistakes, or negligence in healthcare settings.
Fatal incidents in workplaces, especially in high-risk industries like construction, manufacturing, or mining, often due to safety violations or inadequate training.
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.
Intentional acts of violence, such as homicide or assault, leading to a victim’s death.
Fatal injuries during recreational activities, like boating, swimming, or sports, often due to negligence or unsafe conditions.
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Torrance Wrongful Death Attorney: FAQs
I want to file a wrongful death claim. How much money can I get?
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.
Can I file a claim even if the person responsible for my loved one’s death was not charged?
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.
How long do I have to file a wrongful death claim in Torrance?
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.
What if my loved one did not have a will?
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.
How do I know if I have a valid wrongful death lawsuit?
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.
What is the role of the insurance company in a wrongful death case?
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.
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The death of a loved one is a devastating event that can leave you and your family emotionally and financially drained. If the death was caused by someone else’s negligence or intentional actions, it can be even more difficult to cope with. In such cases, seeking justice through a wrongful death lawsuit may be an option.
The legal team at RTM Law Firm is ready to fight for you.