Torrance Wrongful Death Lawyer
Losing a loved one unexpectedly is one of the most traumatic events a person can experience. The sense of grief and loss can be all-consuming. When that loss was caused by someone else’s negligence or wrongful act, the emotional pain is compounded by a profound sense of injustice.
At El Dabe Ritter Trial Lawyers, our Torrance wrongful death attorneys understand the devastation our clients are going through after an untimely death in the family. We can’t take away the pain, but we can help families hold the responsible parties accountable and recover the compensation they deserve.
Since opening our doors, we have built a reputation as a top-tier law firm that fights tirelessly for victims and their families in Torrance and throughout California. Our seasoned litigators have recovered millions of dollars in wrongful death settlements and verdicts for our clients.
What Is a Wrongful Death Claim?
In California, a wrongful death claim arises when a person dies due to the legal fault of another party. This could be an act of negligence, recklessness, intentional misconduct, or a strict liability offense. Some common examples:
- Auto accidents caused by drunk, distracted, or reckless drivers
- Truck accidents caused by fatigued or unqualified truck drivers
- Pedestrian and bicycle accidents involving negligent motorists
- Dangerous property conditions, premises liability cases
- Defective products that lead to fatal injuries
- Medical malpractice by doctors, nurses, or healthcare facilities
- Intentional acts of violence like assault or murder
In these situations, certain surviving family members can bring a wrongful death claim against the at-fault party. This allows you to recover compensation for losses related to your loved one’s death, such as:
- Funeral and burial expenses
- Pre-death medical care
- Pre-death pain and suffering
- Loss of the deceased’s expected earnings and benefits
- Loss of love, companionship, guidance, and moral support
- Punitive damages may be awarded in egregious cases
The damages available depend on the circumstances and the family’s relationship to the deceased. An experienced Torrance wrongful death lawyer can evaluate your case and advise you of your legal options.
Who Can File a Wrongful Death Claim in California?
Under California’s wrongful death statute, certain surviving family members are authorized to bring a claim:
- The deceased person’s surviving partner or spouse
- The deceased person’s surviving children
- If there is no surviving spouse/partner or children, the deceased’s grandchildren may have a claim
- Depending on the situation, other parties may be able to file a claim, such as the deceased’s parents, putative spouse, stepchildren, or others who depended on the deceased for financial support
Having multiple eligible parties file separate claims can complicate matters. It is best if all claims related to the same wrongful death are joined into a single lawsuit. The court will decide how to apportion any recovery between the eligible claimants.
Wrongful Death Statistics in California
The emotional trauma of losing a loved one due to negligence or misconduct is immeasurable. Beyond that, wrongful deaths have a severe financial impact on families in Torrance and across the state:
- According to the Centers for Disease Control and Prevention, over 200,000 unintentional injury deaths occurred nationwide in 2021. California had over 15,000 of those fatalities.
- Car accidents are the leading cause of unintentional injury deaths in California, resulting in over 3,700 lives lost each year.
- Medical errors are the third-leading cause of death in California, claiming over 20,000 lives per year.
- Across the United States, the lifetime costs of unintentional deaths and injuries equal over $2 trillion annually.
A skilled Torrance wrongful death attorney from our firm can pursue the maximum compensation you may be entitled to cover these immense losses.
How Does Comparative Fault Work in a California Wrongful Death Case?
In some tragic situations, more than one party may share the blame for causing a fatal accident. California is a “pure comparative fault” state when it comes to wrongful death claims. This means that even if the deceased person was partially at fault, their surviving family members can still recover damages – but their award will be reduced according to their percentage of responsibility.
For example, if a jury finds that a deceased victim was 20% at fault for a car accident and the other driver was 80% at fault, any compensation awarded to the victim’s family would be reduced by 20%. So, if total damages were $1 million, the family would receive $800,000 after the 20% reduction for the victim’s share of fault.
Families must understand comparative fault because the defendant will likely argue that the deceased was negligent in some way to limit their liability. Defense attorneys commonly use tactics like:
- Claiming the deceased contributed to the accident by speeding, running a red light, distracted driving, etc. in an auto accident case.
- Alleging the deceased failed to follow medical advice or disclose relevant health information in a medical malpractice case.
- Arguing the deceased ignored warning signs or misused the product in a defective product liability case.
- Stating the deceased failed to maintain safe premises or properly inspect for hazards in a premises liability case.
To effectively counter these claims, your Torrance wrongful death lawyer needs expertise in analyzing complex accident scenarios and liability issues. We work with respected accident reconstruction experts and specialists to carefully investigate and demonstrate the facts.
The True Worth of Wrongful Death Claims
One of the first questions families have when considering a wrongful death claim is – how much is my case worth? Unfortunately, there is no simple answer, as every situation is unique. The total compensation you may be able to recover depends on a variety of factors, including:
- The cause of death and parties responsible: Wrongful death cases stemming from intentional acts like violence or egregious negligence may yield higher damages, including punitive damages meant to punish the liable party.
- Your relationship to the deceased: Under California law, certain relatives like spouses and children can claim higher damages than others for losses like loss of companionship, guidance, etc.
- The deceased’s age, earning capacity, and life expectancy: Younger victims with a longer life and career ahead factor into higher projected lifetime earnings and benefits calculations.
- The deceased’s projected inheritance: Money or other assets the deceased would have been expected to leave behind to the surviving family may factor into damages.
- Medical costs and end-of-life care expenses: Reimbursement can be sought for medical bills leading to death, including emergency transport, surgery, hospital stays, etc.
- Funeral and burial costs: Reasonable funeral home, cremation, burial, and memorial service expenses can be recovered.
- Emotional distress and loss of companionship: This subjective category allows certain surviving family members to receive compensation for their emotional trauma and loss of the deceased’s love, care, guidance, etc.
An experienced Torrance wrongful death lawyer will carefully evaluate all of these factors based on the specific details of your case. They will calculate a comprehensive damages figure for all economic losses and non-economic harm.
While no amount can compensate for your tragic loss, seeking the maximum compensation holds the at-fault parties accountable. It also gives your family the financial resources to move forward and rebuild your lives.
How a Torrance Wrongful Death Lawyer Can Help
The unexpected death of a loved one turns your world upside down. During this time of immeasurable grief, dealing with complex legal matters is the last thing on your mind.
Fortunately, El Dabe Ritter Trial Lawyers has an experienced Torrance wrongful death legal team that can take the legal burden off your shoulders. We have helped countless families get through this challenging process with empathy and a strategic legal approach.
Our lawyers have extensive experience investigating complex fatal accident and injury cases throughout California. We will gather all available evidence and meticulously analyze:
- Police/accident reports
- Photographs/videos
- Physical evidence
- Eyewitness testimony
- Applicable regulations/laws
- Expert analysis (accident reconstruction, medical experts, etc.)
This comprehensive investigation allows us to identify all responsible parties and build a strong case aimed at maximizing your recovery. We are skilled litigators and accomplished negotiators who know how to get results – whether through settlement talks or by taking your case to trial.
With millions of dollars recovered for clients through settlements and jury verdicts, you can count on the formidable legal team at El Dabe Ritter. We do not get paid unless we win your case. There is no upfront cost; we work on contingency.
Contact a Torrance Wrongful Death Attorney
The pain of losing someone you love in a sudden accident often feels unbearable. You need to have a compassionate, dedicated legal team in your corner to fight for the justice and accountability your family deserves.
At El Dabe Ritter Trial Lawyers, we truly care about our clients and treat every case with a personalized approach. While no amount of compensation can undo your grief, it can help alleviate the financial burdens caused by this tragedy.
Contact our top-rated Torrance wrongful death law firm today for a free consultation about your case. We handle wrongful death cases throughout California. Call us today at (424) 484-2363 or fill out our free initial consultation form and trust in our 50 years of combined experience and 99% success rate.
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I recommend this law firm to anyone that needs legal advice. They were professional, courteous, and knowledgeable when I contacted them to handle my car accident. I wish I had used them for my previous case, but at least I now know who to contact to handle future cases.
Aldo A. Los Angeles, CA
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