Pomona Wrongful Death Lawyer

Pomona Wrongful Death Attorney

Whenever one party’s actions result in injury and/or economic loss to another party, this is a personal injury. The victim has the right to seek compensation for their losses due to the at-fault party’s actions. Unfortunately, not all victims of personal injuries survive these experiences. Fault may or may not be immediately clear, and the victim’s family will likely wonder what legal options they have in this situation. It is wise to reach out to a Pomona wrongful death lawyer.

Understanding Wrongful Death in California

A wrongful death happens when someone loses their life because of another person’s negligence, reckless behavior, or intentional wrongdoing. In Pomona and the surrounding areas, these cases often involve tragic events like fatal car accidents on the 60 Freeway, slip-and-fall incidents at local businesses, or workplace accidents in industrial settings.

Under California’s wrongful death laws, certain family members have the legal right to file a claim to seek compensation for the losses caused by these devastating events.

Representing Pomona Wrongful Death Claims

A wrongful death claim can help the surviving family of the victim of a fatal personal injury and ensure accountability for their loss. While similar to a personal injury case, a wrongful death claim is different in many ways, primarily seeking compensation for the surviving family’s loss rather than damages sustained by the victim.

Ultimately, any wrongful death claim can escalate to complex civil court proceedings, and you must have legal counsel you can trust in this situation. Being in an accident is the third-leading cause of death in California. If a fatal accident was due to the negligence or misconduct of another person or entity, it’s important to understand your rights as the victim’s loved one.

Navigating a Claim

Navigating the complexities of wrongful death cases can be overwhelming, which is why it’s so important to hire a wrongful death lawyer who knows both California law and the local court system, including the Pomona Courthouse and the Los Angeles County Superior Court.

A successful wrongful death claim won’t return your lost loved one to you, but it can secure the compensation your family needs to transition through an incredibly difficult time.

California is the most populous state in the country, with a total population of 39,663,800 people. At The Law Offices of Christian J. Amendt, our goal is to help as many of these people as possible when tragedy strikes in their families.

Filing a Wrongful Death Suit in Pomona

Wrongful death claims share some procedural similarities with personal injury claims, but state law also imposes various restrictions that apply specifically to wrongful death suits.

First, only certain parties in California have the right to file a wrongful death claim. If the deceased was married, their spouse is typically first in line to take legal action, followed by the deceased’s children. If the deceased had no close family, the personal representative named in their estate could pursue a wrongful death claim instead.

It is also possible for anyone to prove financial dependence on the deceased and/or a valid legal claim to the contents of the deceased’s estate to file a wrongful death claim.

The Steps in a Claim

Success in a wrongful death claim requires proving that the defendant’s negligence or intentional misconduct directly caused the death. In the event the defendant caused your loved one’s death through the course of engaging in illegal activity, like driving under the influence (DUI) or interpersonal violence, they’re likely to face severe criminal penalties in addition to civil liability for your family’s wrongful death suit.

Though every case is different, most wrongful death claims follow similar procedural steps, and they include:

• Investigation. Our team begins every wrongful death case with a thorough investigation. Our team gathers all relevant evidence, including accident reports, witness statements, medical records, and professional analyses. In Pomona, we often work closely with local authorities and professionals to determine the exact cause of the tragic incident.
• Filing the complaint. Once we’ve collected enough evidence, we then file a complaint with the appropriate local court. This officially starts the legal process and notifies the responsible party that a claim has been made.
• Discovery. During the discovery phase, both sides exchange documents, depose witnesses, and gather additional evidence. Our team handles challenges such as uncooperative witnesses or incomplete records to ensure your case stays on track and you are fully supported.
• Negotiation. Many wrongful death cases are resolved through negotiation or settlement. We carefully review settlement offers to ensure they cover medical bills, funeral expenses, lost income, and emotional suffering, and we advocate for the compensation your family deserves.
• Trial. If a fair settlement can’t be reached, we take your case to trial. We present evidence, question witnesses, and fight for your family’s rights before a judge or jury. Trials in Los Angeles County can last from several days to a few weeks, depending on how complicated your case is, and we’re there every step of the way to guide you through the process.

It’s important to note that you must file a wrongful death claim within two years of the death of a loved one. Otherwise, the opposing party can file a motion to dismiss, and it’s likely to be granted by the court. Working with a Pomona wrongful death lawyer can help you stay on top of deadlines.

Damages and Compensation for Wrongful Death in Pomona

When a loved one dies because of someone else’s negligence or misconduct, the losses can be overwhelming. In California, families can recover damages in wrongful death cases to help cover expenses and provide some measure of justice. Damages in wrongful death cases generally fall into three categories:

1. Economic Damages. These are calculable damages that include medical expenses incurred before death, funeral costs, and lost future income or support. For example, if a primary wage earner dies, the family could recover the value of their projected earnings over their expected working years.
2. Non-Economic Damages. This is compensation for losses that are more difficult to quantify, such as pain and suffering, loss of companionship, and emotional distress. Courts could award tens of thousands of dollars, depending on the severity of the loss.
3. Punitive Damages. In cases involving egregious or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future. While less common, these awards can be substantial in cases of gross negligence.

An experienced wrongful death lawyer in Pomona can be instrumental in meeting your case’s procedural deadlines with the court and maximizing the recovery you obtain from your civil action. However, state law also restricts the types of damages claimable in wrongful death suits:

• The plaintiff of a wrongful death claim can seek compensation for funeral and burial expenses for their lost loved one.
• Plaintiffs can seek compensation for the lost income provided by the deceased. A Pomona wrongful death attorney can help their client calculate lost earning capacity resulting from their loved one’s death.
• The plaintiff of a wrongful death claim has the right to seek compensation for the lost value of household services provided by the deceased.
• The surviving spouse of the deceased can seek pain and suffering compensation for their loss of affection, consortium, and companionship provided by the deceased.
• The deceased’s family can seek pain and suffering compensation for their lost guidance, moral support, and personal interaction with the deceased.

It’s important to note that a wrongful death claim highlights the surviving family’s damages, not losses incurred by the deceased’s estate. In the event that there exist economic damages the deceased could have claimed in a personal injury claim if they had survived, the family could include a survival action with their wrongful death claim. As the name suggests, a survival action seeks compensation for the civil damages the deceased could have claimed if they had survived.

Common Causes of  Wrongful Death in Pomona

If you believe you have grounds to file a wrongful death claim in response to the loss of your loved one, it’s vital to seek legal counsel from an attorney with experience handling cases like yours. Wrongful deaths happen for many of the same reasons that personal injuries occur, such as:

• Motor vehicle accidents. Auto insurance may only cover a fraction of the total damages resulting from a fatal crash. A wrongful death claim can help the victim’s family hold the at-fault driver accountable for the death.
• Premises liability. Property owners face civil liability if lawful visitors suffer fatal slip-and-fall injuries or other fatal accidents on their properties.
• Dog attacks. Dogs can easily cause fatal injuries to people under certain conditions. As a result, California enforces strict liability for wrongful death for dog owners whose pets fatally injure others.
• Workplace injuries. California law requires employers to carry workers’ compensation benefits when workers sustain injuries on the job. Workers’ compensation can provide death benefits after a fatal workplace accident, but the victim’s family may also have grounds for further legal recourse with a third-party wrongful death claim.

You have a limited time to file your wrongful death claim in California. The Law Offices of Christian J. Amendt can assist you in proving liability for the death and secure the maximum compensation possible under California law. Contact us today to schedule your consultation with our firm and get the answers you need to your most important legal questions.

FAQs About Pomona, CA Wrongful Death Laws

What Is the Average Settlement for Wrongful Death in Pomona?

The average settlement amount for a wrongful death case in Pomona can vary greatly depending on the details of your case and the Pomona wrongful death lawyer you choose for your case. Factors such as the severity of the incident that led to the death, the extent of the victim’s pain and suffering, and the losses suffered by the surviving family members can affect the amount of compensation you receive.

How Can I Increase My Wrongful Death Settlement in Pomona?

The circumstances of your case determine your settlement amount, which can be difficult, if not impossible, to control in wrongful death cases. That said, there are a few factors that can increase your settlement amount. For instance, if the victim was young at the time of death or left behind young children or dependents, the court may award higher damages to the plaintiff.

What Types of Evidence Do I Include in a Wrongful Death Case in Pomona?

The exact type of evidence you need to win a wrongful death case in Pomona depends on the nature of your case. For example, if the incident occurred at work, you may want to get copies of building inspections and company injury reports. If the cause of death was due to medical malpractice, on the other hand, you may focus more on retrieving medical records, expert testimonies, and any of the doctor’s notes.

What Are the Most Common Types of Wrongful Death Cases in Pomona?

A wrongful death can occur at any time in a person’s life. That said, some situations pose more risk than others. The most common cases our team has worked on in Pomona and beyond include auto accidents, defective product cases, intentional killings, medical malpractice, workplace accidents, and more. The details of the incident can dictate how you build your case, which is why it’s wise to work with a Pomona wrongful death lawyer.

Hire a Wrongful Death Lawyer and Discuss Your Situation in More Detail

No matter how the recent death of your loved one occurred, it is essential to speak with an experienced Pomona wrongful death attorney as soon as possible. Once you secure legal counsel, you can begin building your wrongful death claim to hold the defendant accountable for your loved one’s death.

The wrongful death attorneys at the Law Offices of Christian J. Amendt have years of experience assisting Pomona, clients with complex wrongful death cases. We understand the emotional strain these cases cause and the difficult questions surviving family members have after these experiences. If you’re ready to discuss your case in more detail, reach out to our office to set up an appointment today.