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Compassionate Wrongful Death Lawyers In Torrance, CA
Negligence can cause serious personal injury, including wrongful death. No amount of compensation can replace the loss of a loved one. Families facing physical, emotional, and financial burdens after a loved one’s death due to negligence can rely on our Torrance wrongful death lawyer. At Sheridan & Rund, PC Kahroba, we hold defendants accountable for their actions, helping families exercise their legal rights. Our aim is to ease the burdens, allowing you to focus on healing. Contact us today to learn how our wrongful death lawyer in Los Angeles County, California can assist you.
What Constitutes Wrongful Death According to California Law?
In order for a death to be classified as wrongful, it must be a direct result of deliberate or negligent actions by another individual or entity, such as a business or government agency. It’s important to note that not all accidents meet the criteria for wrongful death, as certain defenses like the emergency doctrine in a car accident or lack of prior notice in a slip and fall case can be utilized. If there is no liability, pursuing a wrongful death case becomes impossible. This is why some people perceive a wrongful death case as having two distinct claims that must be substantiated.
Who Can File A Wrongful Death Lawsuit In California?
Under California law, a wrongful death lawsuit can only be filed by specific individuals who have the legal authority to do so. It’s important to note that not everyone has the right to initiate such a lawsuit. According to California Code section 377.60 (a), only the following individuals are eligible to commence a wrongful death action:
- Surviving spouse or domestic partner
- Surviving child (or children)
- Grandchild (if a child is deceased)
- Beneficiaries who would take property through intestate succession (i.e., if there was no Last Will, who California would give a person’s property to such as a spouse, children, parents, siblings, grandchild, and the like)
In addition to the individuals mentioned, there may be others who are entitled to request a “letter” in order to file a claim. Dealing with these situations can be highly intricate when handled on your own, which is why it is imperative to partner with a skilled wrongful death lawyer in Torrance. This collaboration will ensure the most favorable outcome for your case while providing you with the necessary expertise and guidance.
Examples Of Wrongful Deaths In California
Losing a loved one to an accidental death is an incredibly devastating experience that can impose an immense emotional burden on the surviving family members. While no amount of compensation can ever bring back the departed, pursuing legal action against the responsible individual or organization can provide some measure of solace for the loss. If you reside in Los Angeles County, you may find it beneficial to consider filing a wrongful death lawsuit as a means to seek justice and obtain rightful compensation in the wake of your loved one’s passing.
If you have suffered the loss of a loved one and are seeking justice, civil litigation may be the sole recourse available to you. It is advisable to reach out to a skilled wrongful death lawyer in Torrance, as they can assist you in navigating the complex legal process and help secure the compensation you deserve. Situations that may give rise to wrongful death claims include:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Uber/Lyft Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Workplace Accidents
- And More
Different Categories of Damages in Wrongful Death Lawsuits
Instances where the financial loss and suffering exceed that of a wrongful death case are exceedingly rare. It is crucial to provide compensation to those affected by the thoughtless actions of others, as it incurs substantial costs. To recover various losses, such as these, it is advisable to seek the guidance of a proficient personal injury attorney.
Medical Expenses
In the unfortunate event of a vehicle accident, the injured party may require immediate transportation to the hospital for critical life-saving treatment. Regrettably, it is not always feasible to preserve the individual’s life, and as a consequence, the ensuing medical expenses can be exorbitant.
Funeral Expenses
Funerals can impose a significant financial burden when factoring in the various necessities required for a proper farewell to a cherished family member, along with their associated costs. In certain cases, families may find themselves unprepared to handle these expenses, particularly following an unexpected loss.
Property Damage
In wrongful death cases, property damage can also be included as a factor. It’s common to overlook minor items when dealing with the loss of a loved one, but hiring a skilled wrongful death lawyer in Torrance, CA can assist you in identifying all damages and receiving rightful compensation for your losses.
Loss Of Income
If a family member passes away early, they may qualify to receive compensation for the lost income. This compensation may cover the income that the deceased person would have earned in the future if they had lived their full life. The amount of compensation will depend on when the accident happened and can add up to many years of earnings for the surviving family members.
Loss Of Companionship
The absence of affection, companionship, comfort, assistance, safety, attention, community, emotional encouragement, instruction, and direction can cause profound grief. These intangible losses, though not physical, can be incredibly challenging to cope with. In fact, they often inflict the most agonizing pain. At Sheridan & Rund, PC Kahroba, our wrongful death lawyer is dedicated to ensuring that your family receives the appropriate compensation they deserve.
Punitive Damages
In certain situations, the family members of the deceased can seek and receive punitive damages, especially if the crime committed was particularly egregious. These damages are not tied to any specific harm caused but rather aim to serve as a form of justice.
It is crucial to hire an experienced wrongful death attorney in Torrance who has dealt with various types of damages resulting from such lawsuits. Every case is different and requires expertise and experience to approach it in the best possible way.
Elements Of A Wrongful Death Lawsuit In California
If you find yourself in a situation where you need to file a personal injury lawsuit on behalf of a deceased person’s estate, it is advisable to seek the assistance of a wrongful death lawyer in Torrance. Their expertise will be invaluable in ensuring that you have all the necessary legal elements to substantiate your claim. These components are pivotal in establishing that a wrongful death has occurred and that the loved ones of the deceased are entitled to compensation. Let’s delve into some of the key components that form the foundation of a wrongful death claim.
Duty Of Care
To initiate a wrongful death lawsuit in Los Angeles County, the first step is to establish that the responsible party has a legal obligation to exercise caution. In the event of an accident that results in injury, your car insurance company may file a claim to cover medical expenses and lost wages. When it comes to motorcycle accidents, it is the responsibility of the driver at fault to ensure safe passage across lanes, thereby preventing fatal collisions. Failing to fulfill this duty of care can result in tragic consequences.
Breach Of The Applicable Duty Of Care
In order to establish negligence, the plaintiff must show that the defendant failed to meet the expected standard of behavior in a similar situation. For example, if a driver changes lanes without checking and collides with a motorcyclist traveling at a high speed, this action would likely indicate negligence and a breach of the duty of care.
Cause
In order to pursue a wrongful death claim in California, the family of the deceased must establish two key elements: causation and avoidability. They must demonstrate that the defendant’s negligent actions directly led to the death and that it could have been prevented if the defendant had acted differently. This requires proving that the defendant’s negligence made the death foreseeable and avoidable. Cause also allows the victim’s family to seek criminal charges for the negligent party’s actions.
Damages
In a California wrongful death lawsuit, expert witnesses may provide testimony to determine the damages. The compensation that the loved ones of the deceased may receive includes medical expenses, lost future income, emotional distress, and funeral costs, as previously mentioned.
In addition, if a person has passed away, their relatives may be able to receive compensation for various factors such as emotional distress, mental anguish, and support and services. It’s comforting to know that a Torrance wrongful death lawyer can help with the difficult and overwhelming process, allowing you to focus on other more important matters.
Contact Our Torrance Wrongful Death Attorneys Today
Losing a loved one is an incredibly difficult experience, especially when their passing is a result of someone else’s carelessness or negligence. If you suspect that your loved one was wrongfully killed by another party, such as a driver, property owner, or doctor, we urge you to reach out to our Torrance wrongful death lawyer at Sheridan & Rund, PC Kahroba. We offer complimentary consultations for families seeking to discuss their cases and better understand their legal rights. Our primary objective is to support you in obtaining the maximum compensation for your loss and ensuring that the negligent party or parties are held accountable. Contact our office today to learn more about the necessary steps to take during this challenging time.