The loss of a family member can be overwhelming. Your grief may be all-consuming and make it impossible for you to get back to your life. If you were financially dependent on this relative, extreme financial losses could quickly turn your world upside down. When another party’s negligence or wrongful acts caused your loved one’s death, you may be able to take matters into your own hands by pursuing a wrongful death action.
This may be your best opportunity to get justice for your treasured loved one. By moving forward with a wrongful death lawsuit, you can not only recover the just compensation your family deserves but ensure the at-fault party is held accountable to the fullest extent of the law. Though you may feel overwhelmed, you do not need to go through the claims process alone. Our compassionate and highly skilled Torrance wrongful death lawyers from Text Kevin Accident Attorneys will stop at nothing to help your family get through these emotionally devastating times. Find out how you can make the liable party pay when you contact our personal injury team to schedule a 100% free consultation.
What Are the Elements Involved in a Wrongful Death Claim?
For a wrongful death lawsuit to be successful in Torrance, it must demonstrate the elements of negligence. According to Page 230 – CACI No. 400. Negligence, the elements of negligence are as follows:
- Duty of care
- Breach of duty
- Causation
- Damages
What Damages Are Awarded in a Wrongful Death Lawsuit?
The decedent’s surviving family members have the right to be compensated for their tremendous loss. This can include a wide variety of economic and non-economic damages, also commonly referred to as compensatory damages.
Economic Damages
Economic damages include the surviving family members’ financial losses, such as:
- Loss of the decedent’s financial contributions
- Cost of the decedent’s medical care prior to their death
- The decedent’s personal property damages
- The decedent’s funeral and burial expenses
Non-Economic Damages
Non-economic damages describe the surviving family members’ intangible, non-financial losses. Some examples could include:
- Loss of an intimate spousal relationship
- Loss of the decedent’s love and support
- Loss of the decedent’s guidance and advice
- Loss of companionship
Note
Punitive damages will generally not be awarded in California wrongful death claims.
Is There a Statute Of Limitations on California Wrongful Death Claims?
Yes, and if the statute of limitations passes but your claim has not been filed, you could lose the opportunity to have your case heard at trial. For this reason, make sure your California wrongful death lawsuit is filed within two years of the decedent’s death per Cal. Civ. Proc. Code § 335.1.
Tip
If the liable party flees the state, the statute of limitations will temporarily pause its countdown and will not resume until the at-fault party comes back into California.
Who Receives Money in Wrongful Death Lawsuits?
Generally, no matter who initiates the wrongful death claim filing, any money awarded will go toward the decedent’s surviving family members. For instance, if the decedent’s personal representative ends up filing the wrongful death claim because the decedent did not have any surviving children, a spouse, or a domestic partner, the personal representative would not be entitled to the award. Instead, anyone who would have inherited the decedent’s estate or was financially dependent on the decedent would be awarded the damages.
Pro Tip
If you are unsure whether you have the right to file a claim or whether you will be entitled to compensation in a wrongful death action, speak with a knowledgeable legal advocate. Never make any assumptions about what may have been included in the decedent’s will or estate plans either.
Torrance Wrongful Death FAQs
Not everyone has the authority to file a wrongful death claim. In fact, according to Code of Civil Procedure § 377.60, when filing a wrongful death lawsuit, only specific parties have the right to do so. These parties include the decedent’s surviving spouse, domestic partner, or adult children. If the decedent does not have any of these relatives, anyone who stood to inherit from the deceased may have the authority to file a wrongful death action. It is not uncommon for families to be unsure of who can initiate the claim filing. When you need answers, do not hesitate to consult our Torrance wrongful death lawyers for help.
It is possible the liable party will face criminal charges. If the individual or entity who caused your loved one’s death did so intentionally or otherwise violated a state or federal law, they could be charged with a crime. Depending on the circumstances of your case, the responsible party could be facing:
- Murder charges
- Arson charges
- Manslaughter charges
- Vehicular manslaughter charges
- Assault charges
- Battery charges
However, it is up to the district attorney to determine whether criminal charges should be filed. If the prosecutor does not elect to proceed with a formal arraignment or have the case brought before a grand jury, the liable party will not face criminal charges. You will still be able to pursue compensation and justice through your wrongful death action though.
There are several key differences between criminal charges and wrongful death lawsuits. First, when criminal charges are filed, it is done by the district attorney’s office. Conversely, when you file a claim for wrongful death in civil court, it is done so by your wrongful death attorney. But those are not the only differences.
The burden of proof is also quite different. In criminal court, the prosecutor must prove guilt beyond a reasonable doubt. But in the civil court, the burden of proof is based on a preponderance of the evidence under Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. This means the evidence must be clear and convincing of the defendant’s liability. As long as the supporting evidence convinces the jury that the defendant is likely at fault, they can be found liable.
There is also the question of what happens when the case is successful. In a successful criminal prosecution, the defendant will face criminal penalties if they are found guilty. Depending on the type of crime they are convicted of, they could spend years in prison, pay fines, be ordered to register as a sex offender or be placed on probation or parole. In civil court, if the defendant is found at fault in a wrongful death claim, they will be liable for compensating your family. Instead of facing criminal penalties, they will need to pay out a considerable settlement to ensure you and your family have the compensation you need to cover your expenses and pick up the pieces of your life.
Every case is different. However, we can initiate the wrongful death claims process even if criminal charges are being filed. The criminal courts will need considerable evidence to prove guilt beyond a reasonable doubt. This evidence could be tied up during criminal proceedings which would make it impossible to use it during your civil wrongful death trial. In some cases, it is beneficial to wait until the criminal case is resolved. If the defendant is found guilty at trial, this verdict could be used to support your claim against them in civil court.
You can seek punitive damages in your car accident claim, but you cannot sue for them. Punitive damages are not a loss you are entitled to recover the way you are entitled to compensatory relief. Under California Civil Code Section 3294, punitive damages will only be awarded in limited circumstances.
The defendant’s actions must have been egregious, malicious, intentionally harmful, or grossly negligent for a punitive damages award to apply. For example, if the driver who hit you was intoxicated and has a history of drunk driving on their criminal record, punitive damages may be appropriate. However, if the driver who hit you did so because their tire blew out, punitive damages would not apply.
The evidence we present against the defendant must be convincing. The way in which your loved one was killed will determine which types of evidence are available. For instance, if your family member was killed by a drunk driver, we may use video footage of the collision, photos of the accident scene, testimony from responding officers, and reports from accident reconstructionists. Alternatively, if your family member was killed in a work-related accident, we may ask the decedent’s employer for any internal video footage of the accident or speak with the decedent’s coworkers who might have witnessed the incident.
Text Kevin Accident Attorneys – Wrongful Death Lawyers in Torrance
Wrongful death lawsuits can be liberating and empowering for many families who are outraged and anxious to hold negligent, malicious, and reckless parties accountable. With the guidance of a top-rated Torrance wrongful death attorney from Text Kevin Accident Attorneys, you can maximize the compensation your family recovers. You must be the one to demand justice for your cherished family member.
Ensure the liable party is held to account when you reach out to our legal team for a confidential consultation. Our firm proudly offers free case reviews to the families of individuals who have suffered fatal injuries across Torrance and neighboring communities. Are you ready to take advantage of this opportunity? If so, fill out our online contact form or call us to schedule your free consultation as soon as today.
Torrance FAQs
Depending on the circumstances of your loved one’s passing, there are multiple different parties that may make the death notification. If the deceased passed as a result of a motor vehicle collision or in a violent altercation, most likely it will be the police officer that responded to the accident or crime scene. If your loved one passes away while in the hospital, usually one of the medical professionals assigned to your loved one’s case will notify you of their death.
You want your loved one to be well taken care of, even after they have passed away. The following funeral homes in Torrance, California are some of the most reputable:
1. Halverson, Stone & Myers Mortuary
(310) 328-1223
2. Lighthouse Memorials & Receptions – Rice Center
(310) 792-7599
3. Argos Cremations & Burials
(424) 383-1990
4. Coastal Funeral Center
(310) 326-6343
The loss of your loved one is likely devastating. If you are responsible for making burial arrangements, the following cemeteries may be able to accommodate your family:
1. Roosevelt Memorial Park Cemetery
(310) 329-1113
2. Green Hills Mortuary and Memorial Chapel
(310) 831-0311
3. Pacific Crest Cemetery
(310) 792-7570
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