Fontana Wrongful Death Lawyer

Fontana Wrongful Death Attorney

Losing a loved one is a very emotional and painful experience, especially if it’s due to someone else’s negligence or a situation that could have been prevented. The Fontana wrongful death lawyers at Amendt Law are ready to protect the rights of you and your loved one, while also helping you secure any benefits and damages compensation you and your family are eligible for.

Why You Should Hire a Wrongful Death Lawyer in Fontana, CA

While you may believe you can file a wrongful death claim without a lawyer in California, misunderstanding the state’s wrongful death laws, filing inaccurate paperwork, or missing filing deadlines can cost you your case very quickly.

An attorney can help you file the right paperwork while being aware of filing deadlines. They can also do the following:

• Gather all the evidence needed to defend your case.
• Hire professionals or investigators to help prove negligence.
• Handle insurance companies that may try to give you lower compensation than you are due.
• Help you fully calculate all the damages you are entitled to.
• Represent you at the Superior Court of San Bernardino if needed.

Understanding Wrongful Death Claims

A wrongful death occurs when a person dies from a situation caused by another person’s carelessness or inattention. Examples include: 

• Medical malpractice, such as a deadly surgical or medication error
• Vehicle accidents caused by a distracted, drowsy, or drunk driver
• Preventable workplace accidents caused by unsafe conditions
• Pedestrian accidents caused by negligent drivers
• Unsafe or malfunctioning products, such as vehicles, toys, or medical devices
• Mislabeled food not disclosing potential allergens
• Property liability accidents involving wet floors with no warning signs or inadequate lighting
• Improperly functioning rides in an amusement park
• Fatal wounds from a dog attack

With so many vehicles on the road in San Bernardino County and throughout Southern California, wrongful death claims caused by a car, motorcycle, or truck are very common.

Medical malpractice is also a fairly common type of wrongful death claim. In fiscal year 2023-2024, the Medical Board of California received nearly 10,000 complaints under California Business and Professions Code (BPC) section 800 and section 2240(a), including malpractice judgments and settlements.

Deadlines for Filing a Wrongful Death Claim in California

There are specific deadlines for filing a wrongful death claim, which differ depending on the details of the claim:

• In general, wrongful death claims must be filed no later than two years after the date of death.
• Wrongful death claims against a government organization must be filed within six months of the date of death.
• Medical malpractice claims must be filed within three years of an injury. If the malpractice is not discovered for some time, you have up to one year after discovery of a medical problem caused by malpractice under California’s discovery rule.

Filing after these deadlines may lead to your case being thrown out by the court.

Compensation You May Be Entitled To

California’s wrongful death laws are covered under the state’s Code of Civil Procedure section 377.60. These laws authorize certain family members, such as spouses and children, to file a wrongful death claim for damages.

When you hire a wrongful death lawyer, they can explain to you the different types of damages you may be eligible for in your case.

The first is economic damages, which are any financial losses or hardships that you and your family now face with the death of a loved one. This can include compensation for:

• Medical bills
• Funeral expenses
• Lost wages and future earnings
• Lost pension or retirement benefits

Non-economic damages are those that do not have a dollar amount tied to them. They include emotional harm, such as loss of companionship and support, and the pain and suffering the deceased experienced before their death.

In some cases, the court may order punitive damages to be paid if the liable party’s misconduct was especially egregious.

FAQs About wrongful death

How Much Compensation Can I Receive in a Wrongful Death Claim in California?

The amount of compensation you can receive in a wrongful death claim in California is dependent upon your specific case and what it entails. All wrongful death cases are different, with different needs and damages. A Fontana wrongful death attorney can help ensure you have a strong case, calculate all damages correctly, and be by your side if your case goes to the Superior Court of San Bernardino.

What Evidence Is Normally Needed to Prove Negligence in a Wrongful Death Case?

There is a lot of evidence that can help prove negligence in a wrongful death case. This includes reports from the scene, such as police reports, surveillance videos, and witness statements. A lawyer can work tirelessly to gather all of the evidence they need to build you a solid case.

How Much Do Lawyers Charge for a Wrongful Death Case in Fontana?

How much an attorney charges for a wrongful death case in Fontana depends on your specific case, its complexity, and the attorney’s experience. When you first meet with your Fontana wrongful death attorney, you can tell them your story, and they can provide feedback on the validity of your case. From there, they can provide you with the information you need regarding their fee structure and answer any questions you may have.

Do All Wrongful Death Cases Go to Trial in California?

Not all wrongful death cases go to trial in California. The majority settle out of court, which can save everyone a good deal of time, money, and stress. However, if a settlement cannot be reached, your wrongful death lawyer can represent you and your interests in court to fight for fair compensation.

Hire an Experienced Fontana Wrongful Death Attorney

Filing a wrongful death claim can be a very emotional and stressful experience. At Amendt Law, our team has more than 24 years of experience in personal injury law. We can provide the compassionate guidance you need to get through this hard time while working tirelessly to get you the damages recompense you rightly deserve.

Give us a call today to find out more about how we can help you and your family receive justice.