Montclair Wrongful Death Lawyer

Montclair Wrongful Death Attorney

Grieving the loss of a loved one is extremely difficult. When that loved one passed because of another party’s actions or lack thereof, it’s normal to want justice. Be sure to reach out to a Montclair wrongful death lawyer to understand what options are available to you.

Hire a Wrongful Death Lawyer in California That You Can Rely On

With over 24 years of experience, Amendt Law focuses on helping California residents get through the most difficult times in their lives. We’re here to listen to the full details of your situation and be the advocate you need in your case. Our lawyers focus on empowering our clients so they can take back control of their lives during dark times.

As a family-staffed law firm, we know how important your case is. Our team is proud to offer free consultations to families at our Pomona office.

Common Types of Wrongful Death Cases

There are a wide variety of situations where a wrongful death claim may be filed. These include:

• Car accidents. In 2022, there were 331 total victims of motor vehicle accidents in Montclair. This number includes both injured victims and those who passed away.
• Premises liability. These cases happen when an owner or occupier of a property fails to maintain it, leading to visitors getting injured. This can include situations where a store owner doesn’t clean floor spills in a timely manner or a hotel fails to address broken handrails. It can also include situations where there are improper security measures in place, leading to a visitor being attacked.
• Assaults. There were 503 violent crimes per 100,000 California residents in 2023. In California, you can file a wrongful death claim even if a criminal case has already been opened against the responsible party.
• Medical malpractice. Patients of medical centers such as the Montclair Hospital Medical Center need to be able to rely on their medical team to take care of them and keep them safe. When that doesn’t happen, the results can be devastating.
• Workplace accidents. Major employers in San Bernardino County include Amazon, Kaiser Permanente, and FedEx. Between 2020 and 2021, workplace injuries for Amazon workers increased 20% in the United States. Workplace incidents are unfortunately common and, depending on the situation, deadly.
• Nursing home neglect. Seniors are among our nation’s most vulnerable groups, but are still continually mistreated. In 2023, approximately one in six nursing home elders over the age of 60 experienced some form of abuse. This number is extremely high, especially considering how often abuse goes unreported in nursing homes.

Who Can File a Wrongful Death Claim in Montclair?

A wrongful death claim can be filed by the deceased person’s:

• Spouse
• Registered domestic partner
• Children
• Grandchildren of deceased children
• Parents

Unrelated loved ones may file a claim if they depended on the deceased for support. A minor who lived with the deceased for at least 180 days and relied on them for at least half of their support may also file.

The judge decides how the total amount of money should be divided among the people who have the right to bring the claim.

What to Expect During a Wrongful Death Case

The process of filing a wrongful death claim involves several important steps. These ensure your family’s rights are protected and that you have the most favorable chance of obtaining fair compensation.

When dealing with the grief of losing a loved one, you need to hire a wrongful death lawyer to fight on your behalf. They can help you understand how the legal process works and what steps to take next. During your free consultation at Amendt Law, your attorney can review the details of the incident and explain your legal options.

Next, they can begin a thorough investigation into the incident that caused your loved one’s death. This investigation can include reviewing police reports, medical records, and accident reports.

Your lawyer may also gather witness statements and consult professionals, such as medical professionals or accident reconstructionists. They can also identify all parties who may be legally responsible for the death.

After gathering enough evidence, your attorney can file the wrongful death case at the Superior Court of California, located at 8303 Haven Avenue in Rancho Cucamonga. Once the case is filed, both sides enter the discovery phase, where they:

• Exchange information
• Transfer documents
• Swap evidence
• Conduct depositions under oath

This stage helps clarify the facts and strengthens your case. Many wrongful death cases are resolved through negotiations. This is where your attorney works to reach a fair settlement before going to trial. If a settlement can’t be reached, your attorney can prepare the case for trial, representing your interests in court and presenting evidence to prove the defendant’s liability.

At trial, a judge or jury will decide whether the defendant is responsible and, if so, the amount of compensation your family is entitled to receive.

Survival Action Versus Wrongful Death Case

California law separates two different types of cases after someone dies. A survival action is a case that the deceased person could have filed themselves if they were still alive. It allows recovery of the financial losses the person suffered before death.

A wrongful death claim allows surviving family members to recover damages that seem fair based on the situation, such as loss of financial support or companionship.

However, the damages available in a wrongful death case can’t include damages recoverable in a survival action. This means the family can’t claim the deceased person’s personal damages through wrongful death, only through a survival action.

A survival action may be filed by the personal representative of the deceased’s estate. This is a person named in their will. If no personal representative has been named, then the person who can file is the deceased’s successor in interest. A successor in interest is someone legally entitled to inherit the deceased’s rights, such as a surviving spouse or child.

In a successful survival action, the compensation won does not automatically go to the family members. Instead, it gets paid to the deceased’s estate, which then goes through the probate process. This procedure transfers the assets to the proper beneficiaries.

FAQs About Montclair, CA Wrongful Death Laws

What Is the Deadline to File a Wrongful Death Claim in Montclair?

The deadline to file a wrongful death claim in Montclair is two years if someone’s wrongful actions or negligence cause someone’s death. This time limit starts from the date the injury or death occurred. With medical malpractice claims, you have three years to file. While this deadline may seem long, it’s important to act quickly. The sooner you file, the easier it is to gather evidence. Your attorney can help with the entire process to avoid feeling overwhelmed.

What Is the Burden of Proof in a Wrongful Death Case?

The burden of proof in a wrongful death claim is a responsibility of the person filing a claim. They must show a direct link between the wrongdoer’s negligence or actions and your loved one’s death. California uses a standard called preponderance of the evidence, which means you must show it’s more likely than not that the defendant is at fault. This is lower than the “beyond a reasonable doubt” standard used in criminal cases.

What Evidence Is Needed for a Successful Wrongful Death Case?

The evidence needed for a successful wrongful death case includes multiple formats and testimonies. If you only have one type of evidence, it can be harder to prove who was at fault to the judge. Evidence can include photos and videos of your loved one’s injuries, your loved one’s medical records and medical bills, and a journal detailing what happened to them. Your attorney can get professional and witness testimony, as well as any footage of the incident.

Can More Than One Party Be Named in a Wrongful Death Case?

More than one party might be named in a wrongful death case. For example, in medical malpractice cases, a doctor, nurse, or hospital may all contribute to the death. Product liability cases can involve manufacturers, distributors, or retailers. California law allows families to file a wrongful death claim against all responsible parties. Including everyone ensures the family can recover what they’re owed, even if one defendant can’t pay.

Can I Request Punitive Damages in My Wrongful Death Claim in Montclair?

In Montclair, California, you generally cannot request punitive damages in a wrongful death claim. However, you may be able to get them in a survival action. Punitive damages further punish the wrongdoer and prevent similar behavior from happening in the future.

They can be awarded in survival action cases if the defendant acted in an extremely dangerous way. For example, if a person was drunk driving before hitting a pedestrian, they may have to pay punitive damages.

Choose a California Law Firm Committed to Success

Reach out to the team at Amendt Law today to learn how we can help you. We offer free consultations to those living in Montclair and the surrounding California towns. We have a niche focus on personal injury and wrongful death cases, making us the obvious choice to represent your case.

Our attorneys fight tirelessly for our clients to get them their rightful compensation. While money can’t take away the pain, it can help you hold the responsible party accountable for their actions.