Filing a lawsuit may not be a top priority for those who lost a loved one. However, the heirs of the deceased need to think about doing so soon. Families may experience severe financial challenges on top of the emotional pain following the loss of a loved one. The money awarded in a wrongful death claim may help lessen this financial burden.
A Torrance wrongful death lawyer from Kash legal will advocate for you and help you pursue compensation for the loss. We analyze your wrongful death claim and compile proof supporting your lawsuit. We commit to keep fighting until you achieve the best possible outcome in the given conditions.
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Plaintiffs in a wrongful death lawsuit may include any of the following under California law:
Contact a wrongful death lawyer to determine who is the best candidate to file a claim in your scenario.
Several people can be held accountable in a wrongful death case in Torrance. Most cases only identify one defendant to be at fault. However, if a defective or subpar product caused the wrongful death, it’s not unusual for the plaintiff to accuse many people or companies.
Under California law, a wrongful death lawsuit may be made in cases of willful wrongdoing, carelessness, negligence, and gross negligence. Any of the following can result in a loved one’s death giving rise to a wrongful death claim:
Even if the defendant was not negligent in the case of defective products, they might still be held accountable for the wrongful killing. California has a strict liability statute covering situations involving faulty goods and dog bites.
According to California law, any damages that, under all the circumstances of the case may be just, may determine the amount of compensation. The law allows the estate of a victim who has passed away to get compensation for damages to which the victim would have been entitled if they had lived except for pain, suffering, or deformity.
These damages may consist of:
To recoup the losses the deceased sustained before passing away, loved ones may also submit a survival claim. These losses could include medical costs, missed pay, suffering, and more.
A court may also impose punitive penalties in addition to the aforementioned compensatory damages. Punitive damages are applicable when a party causes a wrongful death due to their willful, careless, or egregiously negligent behavior. These penalties are meant to deter future similar behavior by others and punish the offending party.
To be successful in a wrongful death lawsuit, you must establish specific facts like in other personal injury cases. The person who caused your loved one’s death must not be prosecuted for you to prove. You need to demonstrate the following:
To establish negligence, you must show that the person who caused the death did not take reasonable caution. This means they failed to behave in a way that any other person may have done in the same situation.
You have two years under California law from the date of the demise of your loved one to launch a wrongful death case. The ‘discovery rule’ is an exception to the rule that allows the statute of limitations to be extended in the following circumstances:
If the claim is against a California public institution, you only have six months to submit it. You have a further six months to file an appeal if your claim is rejected. If the case involves medical misconduct, you have three years from the date your loved one was injured or one year from the date you discovered the injury, whichever comes first.
Various time limits apply when filing for a wrongful death claim in Torrance. It would be best to seek legal advice from a professional wrongful death attorney when you lose a loved one. The Kash legal wrongful death attorneys will assess your case and work with you to submit a claim within the statute of limitations to increase your chances for compensation.
It would help to contact a Torrance wrongful death attorney if you lost a loved one due to wrongful death in any situation. Our compassionate lawyers at Kash Legal are committed to helping you and your family through this difficult time. We have fought for grieving families to secure monetary settlements that will enable them to move forward.
We can look into the cause of the loss of your relative, go over your legal options, and file a wrongful death lawsuit to obtain monetary damages for you and other family members according to the state laws. Call us at (888) 527-4128 or contact us online to speak to one of our attorneys.
We will be in touch within 24 hours.
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