Wrongful Death Lawyer
Torrance,CA
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Torrance, CA Wrongful Death Attorney
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Torrance, California Wrongful Death Attorney
In virtually any type of accident, a victim may lose their life as a result of the injuries they sustain. Sometimes, death occurs instantly, while in other cases, the victim may pass away days, weeks, or even months later due to complications from the injuries they received in the accident.
Whenever a victim dies as a result of someone else’s negligence, their surviving loved ones have the right to seek compensation for their losses by filing a wrongful death claim. Similar to a personal injury claim, the survivors must demonstrate that their loved one’s death would not have occurred had the responsible party acted in a reasonable manner. Wrongful death claims can be filed after any fatal accident, including car accidents, slip and falls, boating accidents, medical malpractice incidents, or even dog bites.
Who Can File a Wrongful Death Claim?
In the event of an accidental death, the victim’s spouse and children are typically the first to be eligible to recover compensation through a wrongful death claim. A domestic partner holds the same rights as a spouse and may also file a wrongful death claim.
If the victim did not have a spouse, domestic partner, or children, the individual eligible to file a wrongful death claim would be determined according to California’s intestate succession law. Generally, this would be the victim’s parents or siblings. In some instances, a stepchild or putative spouse—the individual who lived with the victim and believed in good faith they were legally married—may also be entitled to compensation for wrongful death damages.
What Damages Can Be Recovered Through a Wrongful Death Claim?
Wrongful death claims generally result in two types of compensation: those payable to the victim’s estate and those payable to the individual who filed the claim and any other named beneficiaries, such as the victim’s minor children. Although compensation awarded to the estate ultimately benefits the victim’s loved ones through estate plans and probate, it may also be used to settle any outstanding debts.
Compensation awarded to the victim’s estate typically includes:
- Medical bills incurred following the accident;
- Funeral and burial expenses; and
- The victim’s lost income, which encompasses both current earnings and projected future earnings over the rest of their career.
The compensation awarded to the individual filing the wrongful death claim may include:
- The financial support the victim provided to their household;
- The victim’s non-financial contributions, such as household chores and managing expenses;
- Emotional distress caused by the victim’s death; and
- The loss of companionship, guidance, and affection the victim provided.
Torrance, California Wrongful Death Lawyer
Vince Xu is a seasoned personal injury attorney and is dedicated to securing justice and compensation for clients affected by negligence. We provide compassionate, personalized attention throughout the legal process. Contact us today for top-tier legal representation.
Seeking Compensation After the Accidental Death of a Loved One
When a loved one dies in an accident, the spouse or another close family member who qualifies may pursue compensation by filing a wrongful death claim with the negligent party’s insurance provider. Depending on the nature of the accident, this could involve the liable party’s automobile, homeowner’s, or business insurance.
To support the claim, the filer must present sufficient evidence that the insured party’s negligence caused the accident that resulted in the victim’s death. The claim must also include documentation of specific financial losses incurred by both the filer and the victim’s estate due to the death.
It is critical to contact a skilled wrongful death attorney as soon as possible after the loss. An experienced lawyer can assist with gathering relevant evidence, filing the claim, and guiding you through the settlement process. Evidence to support a wrongful death claim may include:
- Photos from the scene of the accident;
- Copies of official police reports;
- Eyewitness testimonies;
- Surveillance footage that captured the accident;
- Medical bills incurred by the victim;
- Funeral and burial expenses;
- Documents reflecting the victim’s current wages and projected future earnings;
- Expert witness statements from professionals such as doctors, mechanics, or engineers who can speak to the accident’s cause and the victim’s injuries;
- Documentation of your own emotional distress following the death; and
- Evidence of the victim’s role within the family as a spouse, parent, or provider.
In California, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. However, it’s important to note that the applicable time frame can vary depending on the type of case. Some time periods may be as short as six months, while others could extend to two years. You should consult with a lawyer or reference the California Code of Civil Procedure, legal resources, or a law library to determine the specific statute of limitations that applies to your case. Keep in mind that a lawsuit differs from an insurance claim, as it involves a lengthy legal process. Wrongful death lawsuits are generally pursued when the parties cannot reach a fair settlement with the insurance provider.
Work with an Experienced Wrongful Death Attorney in Torrance, California
Losing a loved one in an accident can be emotionally and financially overwhelming. While nothing can bring back the person you’ve lost, a successful wrongful death claim can help ease the financial burden associated with their passing. One of the best ways to maximize your chances of success is by working with a seasoned wrongful death attorney in Torrance, CA. With a track record of securing compensation for clients, Vince Xu and our team are here to support you. Contact us today to schedule an initial consultation, where we will review the details of your case and advise you on the next steps.
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