Torrance Wrongful Death Attorneys
California’s Wrongful Death Laws
When another person or party’s negligence causes the death of an individual, the deceased’s surviving family members and loved ones have the right to take legal action. If someone you love suffered fatal injuries due to someone else’s careless, reckless, or wrongful conduct, Custodio & Dubey LLP is here to help you fight for justice.
Our firm is widely recognized for our aggressive approach to personal injury and wrongful death law. We have successfully represented the families of individuals who tragically died due to motor vehicle accidents, unsafe property conditions, defective products, medical malpractice, and more. To date, our team has recovered more than $90 million in compensation for our clients, thanks in large part to our innovative legal strategies and tireless client advocacy. As a client, you will receive a high level of personal attention, communication, and service. We truly care about each and every one of our clients and are here to help you pursue the full compensation you and your family are owed.
What Is the Definition of “Wrongful Death?”
Under state law, “wrongful death” is defined as the death of an individual resulting from the negligent or wrongful conduct of another, medical malpractice, or default. Generally speaking, if someone else—whether it was another person, a company, or some other entity—was at fault for the person’s death, their death is considered “wrongful.”
Wrongful death cases commonly involve the following:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Uber, Lyft, and other rideshare accidents
- Slips, trips, and falls
- Unsafe property conditions
- Defective products
- Medical malpractice or negligence
- Dog bites or attacks
- Nursing home abuse
- Criminal acts, such as assault or drunk driving
Our Torrance wrongful death attorneys can discuss the specific details of your situation during a free and confidential consultation. Contact us today to learn more.
Who Can File Wrongful Death in California?
State laws limit who can file a wrongful death claim or lawsuit in California. Additionally, the state prioritizes certain surviving individuals when it comes to the order in which a claim may be filed.
In California, the following individuals are allowed to file a wrongful death claim:
- The surviving spouse or domestic partner
- The surviving child/children
- The surviving grandchild/grandchildren (if there are no living children)
These individuals are considered to be in the “direct line of descent” and are given first priority for filing a claim. If no such individuals exist, anyone who would be entitled to inherit a portion of the deceased’s estate via intestate succession may bring a wrongful death action.
Additionally, individuals who can prove that they were substantially financially dependent on the deceased in life could be eligible to file a claim. This might include the deceased’s surviving stepchildren, adopted children, parent, legal guardian, or sibling.
Is There a Cap on Wrongful Death Damages in California?
While there is no universal cap on damages in California wrongful death cases, certain types of claims may be subject to limits. For example, wrongful death cases arising from medical malpractice may be subject to the state’s medical malpractice statutory limits.
Generally speaking, however, eligible individuals are entitled to recover for all economic and non-economic losses related to the wrongful death of a loved one.
Examples of economic and non-economic damages in wrongful death cases include:
- Funeral or burial costs
- Medical bills related to the deceased’s treatment for a fatal injury or illness
- Financial support provided by the deceased
- Expected gifts, benefits, or inheritance
- The reasonable dollar value of household services provided by the deceased
- Loss of consortium/enjoyment of intimacy by a partner or spouse
- Loss of parental guidance
- Loss of love, support, counsel, companionship, affection, protection, society, etc.
At Custodio & Dubey LLP, our goal is to help you recover the full compensation you are owed. We know that a settlement or verdict cannot undo the loss you have endured. However, a fair recovery can not only provide the monetary resources you need to heal but can also hold the responsible party accountable and help ensure that similar accidents do not occur again in the future.
Learn How Custodio & Dubey LLP Can Help You
In the wake of a tragic loss, Custodio & Dubey LLP is here to help you fight for the justice you deserve. Our Torrance wrongful death attorneys offer compassionate, personalized legal representation tailored to each client’s unique situation. We genuinely care about you and are here to help you navigate the legal process from start to finish.
There are no legal fees when you hire Custodio & Dubey LLP unless we recover compensation for you. If we do not secure a settlement or verdict on your behalf, you do now owe a dime. Our bilingual staff can assist you in English or Spanish, and we offer same-day and weekend appointments by request.