WRONGFUL DEATH LAWYER
If someone you loved died because of another person's negligence, we can help you hold the wrongdoers responsible.
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"I had a positive experience, with Fontana. I had a really complex claim, and they really handled it immensely. They responded really fast, every time I called them, they answered really quick. There wasn't a time of the day, that I couldn't contact somebody from their team. They gave me so much knowledge, and they were really specific about answering my questions. I ended up getting a settlement that I needed and wanted!"
Linh N. Westminster, CA
Compassionate Wrongful Death Lawyers in Fontana, CA
Losing a loved one is devastating, especially when the loss could have been prevented. If you lost a spouse or family member due to another party’s negligence, you may be able to pursue compensation. Our Fontana wrongful death lawyers can help you hold the wrongdoer accountable.
At Fontana Injury Law Group, our compassionate wrongful death lawyers understand the drastic impact losing a loved one has on the surviving family members and spouse. Our award-winning law firm fights to hold the at-fault party responsible and recover compensation for the wrongful death. Call us to schedule a case evaluation today.START YOUR CASE
What is a Wrongful Death Claim?
A wrongful death claim can be pursued when a fatality is caused by the negligent or wrongful actions of another individual, company, or government agency. Wrongful death claims are typically civil suits that compensate the deceased person’s surviving spouse and family members for their losses. A close family member can also pursue a wrongful death lawsuit on behalf of the decedent’s heirs.
The person or entity that the wrongful death claim alleges is responsible for the wrongful death is known as the Defendant. The Plaintiff initiating the wrongful death suit will need to prove that the Defendant’s negligence caused the decedent’s untimely death.
What Does a Plaintiff Need to Prove in a California Wrongful Death Lawsuit?
Before damages can be awarded, the Plaintiff needs to prove the following elements:
The Defendant Owed a Duty of Care
The Plaintiff must prove that the Defendant owed a duty of care to the decedent. Regarding a car accident, the Plaintiff must prove that the Defendant had the obligation to follow California traffic laws and drive in a safe manner.
The Defendant Breached the Duty of Care
If a car accident caused the wrongful death, the Plaintiff must prove that the Defendant breached the duty of care by failing to obey California traffic laws. For example, the Defendant was speeding and ran a red light, causing a car crash. Consequently, the impact of the crash killed the individual inside the other vehicle.
The Defendant’s Wrongful Acts Caused the Death
The Plaintiff must show that the Defendant's wrongful acts directly caused the wrongful death. Ensure that you obtain a police report, as it will tell you if the police officer cited the other driver for traffic violations. The police report will also have information on how the responding officer believes the accident occurred.
Do I Need a Fontana Wrongful Death Lawyer?
If you lost a loved one because of another person’s negligence, it’s vital to quickly seek legal representation. The statute of limitations in California is two years from the date of the deceased individual’s death. When filing a wrongful death claim in Fontana, it's vital to consult with a local lawyer. A Fontana personal injury lawyer will be well-acquainted with the area where the incident took place and will have an extensive understanding of California law and wrongful death cases.
At Fontana Injury Group, our personal injury lawyers serve the greater Fontana area. We fight to protect the rights of accident victims and their families. We advocate for our wrongful death clients on a contingency basis. Therefore, you won’t pay any fees until we win your case. Call today to schedule a free case evaluation.FREE CONSULTATION
Types of Wrongful Death Cases We Handle
Auto accidents are a leading cause of wrongful death in California. In 2019, there were 3,606 traffic fatalities in California. In Fontana alone, there were 792 total traffic fatalities and injuries in 2019. Whether the driver who caused the accident was drunk driving, speeding, or distracted driving, the person can be held accountable for the damages.
Trucks are often significantly larger than passenger vehicles and can cause serious injuries, damage, and death in a truck accident. In 2020, there were 4,014 truck accident-related fatalities in the U.S.
Motorcycle accidents are often caused by unsafe lane changes, speeding, and lack of visibility. Motorcycle riders are 29 times more likely to be killed in a crash than the occupants of a passenger vehicle.
Bicyclists are likely to suffer severe injuries and death in a crash with a motor vehicle. Traumatic brain injuries are a prominent cause of bicycle crash fatalities.
Pedestrians are especially vulnerable in an accident because they lack protection comparable to a motor vehicle. In many pedestrian accident cases, distracted driving and speeding are leading causes. In 2019, 44 people died as a result of Fontana pedestrian accidents.
Can I File a Wrongful Death Lawsuit?
California law limits who can file and recover compensation from a wrongful death suit. The individuals who may be eligible to file for wrongful death action include:
The Deceased Person’s Surviving Spouse or Domestic Partner
If the deceased victim was married, the surviving spouse has the primary right to file a wrongful death claim. A domestic partner can also pursue compensation in a wrongful death claim. This can depend on the length and permanence of your relationship with the decedent.
The Decedent’s Surviving Children
Children suffer from significant emotional and mental distress when wrongful death occurs. They are also oftentimes financially dependent on the decedent and are entitled to file a wrongful death claim. If the children are minors the court will appoint a legal guardian to advocate on their behalf.
Other Family Members
Surviving family members like the deceased person’s parents and grandparents may be able to pursue wrongful death action. The family members need to be able to show that due to the wrongful death they suffered a substantial emotional and financial impact.
The Putative Spouse of the Deceased Person
If a putative spouse believed in “good faith” that his or her marriage to the deceased person was valid, he or she can pursue a wrongful death claim. The putative spouse may show that he or she was dependent on the decedent.
Dependent Minors of the Decedent
A dependent minor must have lived with the decedent for at least 6 months and relied on the deceased person financially. The minor must have been dependent on the decedent for half or more of their support.
The Personal Representative of the Deceased Person’s Estate
A personal representative is an executor of the deceased person’s estate. They have a duty to act in good faith and follow the terms of the decedent’s will. A personal representative can file a wrongful death suit on the behalf of the deceased person’s heirs and close relatives.
Compensation Available in a Fontana Wrongful Death Suit
According to California law, surviving family members, spouses, domestic partners, dependent minors, and personal representatives may bring a wrongful death lawsuit. You may be able to seek compensation for damages like:
- Medical bills
- Funeral and burial expenses
- Loss of consortium – the decedent’s companionship, love, affection, care, and support.
- Loss of financial support and future earnings from the decedent
- Lost pension, retirement, and employment benefits
- The person’s training and guidance
- Pain and suffering
- Mental anguish
Contact a Fontana Wrongful Death Attorney Today
Fontana is a growing city in Southern California with over 210,000 people calling it home. Fontana hosts various sporting and recreational events at venues like the Auto Club Speedway, Tibbies Center Stage Theater, and the Mary Vagle Nature Center.
At Fontana Injury Law Group, we are committed to obtaining justice for accident victims and their surviving families. If someone you loved died because of someone else’s negligence, we can help you hold the wrongdoers accountable. We will fight tirelessly to recover the financial compensation you deserve for your losses. Call us to schedule a free case evaluation.START YOUR CASE