A loved one’s death due to another person’s irresponsible actions forces family members to deal with grief and unexpected legal problems. An Apple Valley wrongful death lawyer can help identify whether certain relatives have a right to bring a civil action under California law following a fatal accident or other event.
At Gonzales Law Offices, our attorneys have assisted families in the High Desert with reviewing the facts of a loved one’s death, determining who may be liable, and outlining the wrongful death process at a time when their focus is on recovering from a loss.
Hire a Wrongful Death Lawyer
Gonzales Law Offices advocates for families across California who have suffered a serious injury or wrongful death caused by preventable behavior. We work with our clients to understand their unique situation and approach each case with a well-investigated, straightforward, and long-term viewpoint on how a loss affects families.
Gonzales Law Offices handles wrongful death cases on a contingency fee basis, allowing families to pursue accountability without upfront legal costs.
Attorney Mark Gonzales has recovered over a million dollars for clients and previously worked in the insurance defense industry, experience that informs how liability and damages are evaluated. However, past results do not guarantee a similar outcome; every case is different.
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Examples of Common Wrongful Death Claims in Apple Valley
Common examples of Apple Valley wrongful death claims include situations that are readily preventable, such as fatal car accidents, truck accidents, bus accidents, workplace accidents, dangerous property conditions, and defective products. Motor vehicle accidents are a leading cause of fatal injury. In Apple Valley, 297 people were injured or killed in motor vehicle crashes in 2023.
Fatal workplace accidents can also lead to wrongful death actions, as safety failures can sometimes result in preventable fatalities. According to the US Bureau of Labor Statistics, there were 439 fatal work injuries in California in 2023. Each wrongful death case is unique, depending on how the accident happened and whether there was a failure to take reasonable care.
Who Has the Legal Right to File a Wrongful Death Claim in California
California limits wrongful death claims to only certain family members of the deceased. The most common wrongful death plaintiffs are the decedent’s surviving spouse or domestic partner and children. In some cases, grandchildren may also bring a claim. If there are no surviving immediate family members, other family members who were financially dependent on the victim, such as parents or stepchildren, may be able to bring a wrongful death claim as well.
The specific relationship to the deceased, as well as the financial dependency at the time of the death determine who is eligible. Identifying all eligible claimants early is important, as wrongful death claims are usually brought as a single action on behalf of all qualifying heirs.
How Wrongful Death Claims Address the Loss of Support and Stability
Wrongful death actions are uniquely concerned with the damage a fatal injury causes to family members of the person who died. To a great extent, these cases concern what the person who died provided to others rather than what was taken from them when they died.
In wrongful death cases, courts will want to learn about the income, financial benefits, and household contributions the person who died provided before they passed away. The court may also consider the loss of companionship, guidance, and care that family members experience.
In Apple Valley, these claims are filed in the San Bernardino County Superior Court, where a judge will hear testimony about how a family’s financial situation and quality of life have been altered by a loss.
Meet Attorney Mark Gonzales, Esq.
Lead Counsel, Gonzales Law Offices
Since 2007, Mark has represented injured clients across Southern California in car, motorcycle, and truck accidents, traumatic brain injuries, wrongful death, and premises liability. His time in insurance defense gives him inside perspective he uses to help clients take on powerful carriers. He has recovered over a million dollars for clients in difficult cases.
Bar: State Bar of California
Affiliations: CAALA, LACBA
Education: University of La Verne College of Law
Offices: Fontana, Rancho Cucamonga, San Bernardino, Ontario
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How Do You Prove Responsibility When the Impacted Person Cannot Testify?
Death cases are particularly difficult because the victim cannot be present to describe what occurred. As such, causation and responsibility must be proven through accident reports, medical records, professional testimony, surveillance, and witnesses. Liability may also be proven by repeated unsafe behavior or previous complaints, if they exist.
Liability can be determined under lower proof standards despite the absence of charges. A full investigation should be conducted independently to discover the actual events and determine whether neglect or misconduct happened.
How Long Do I Have to File a Wrongful Death Claim in California?
California law generally provides a two-year period to file a wrongful death claim. When a public entity may have caused or contributed to a death, there may be shorter deadlines by which notice must be provided before filing a claim. If a deadline is missed, a claim can be permanently barred. Understanding the applicable deadlines is very important, so hire a wrongful death lawyer to stay within the limits.
What if My Loved One Was Taken to a Local Hospital Before Passing Away?
Many wrongful death cases involve emergency treatment prior to death, such as treatment at St. Mary Medical Center in Apple Valley. Medical records of emergency response and hospital treatment may become evidence in a claim. These records may assist in establishing the cause of death, timeline of events, and whether earlier negligence contributed to the fatal outcome.
Do Wrongful Death Claims Require a Criminal Case or Conviction?
No, a wrongful death claim is a civil matter, so it does not require a criminal case or conviction. In a civil claim, the issue is whether the decedent’s death was the result of negligence or other wrongful conduct, not whether anyone will be criminally punished. It is possible to file a civil claim even if no one was arrested or if criminal charges were never filed.
Contact an Apple Valley Wrongful Death Lawyer
A loved one’s death can present family members with not only emotional grief, but financial and legal challenges as well. Although no legal remedy can reverse that loss, a wrongful death claim can be a means of pursuing accountability and financial stability following a preventable death.
When you hire a wrongful death lawyer from our firm, we can explain to surviving loved ones how California law applies to their circumstances, who can be held accountable, and how to approach the civil process with sensitivity.
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“On April 9th 2024, I was in a very severe accident caused by a reckless driver. I had contacted Gonzalez law firm in which Mrs. Marilyn explain the procedures, and helped me through process. They were very responsive and answered any questions that arose. They were very attentive and if I needed any additional help, they were willing to get me the necessary help I needed. They were very helpful and would highly recommend this law firm.” – Carmen Villalobos
★★★★★
“I am extremely pleased with Gonzalez law. Mr. Mark Gonzalez himself is a very well rounded and educated lawyer in his field. He was communicative, concise, and efficient with handling my personal injury case. I am grateful to have him as my lawyer. His staff was informative and helpful with getting through my process and the he decision to choose this firm was the best decision I could have made. Thank you Mr. Gonzalez and your team! Continue to serve the community well. It is very much appreciated!” – Roza Keflom
★★★★★
“Great Experience. Once I entered you can feel they care. They talk with Experience and knowledge. Thankful to be represented by this law firm! Will recommend.” – Edward SerranoWB
I could not be more happy with the help Mark Gonzales provided. He was there for me every step of the way. He explained each step in a way that was easy for me to understand. He was available to me when ever I had a concern. His staff made me feel like I was family. I highly recommend Mark to anyone who needs legal help!
Robert R.
Mark helped me recover all my expenses due to my car accident. The insurance company tried to slow the process and doubted that I was even injured. Mark fought for me and gave me peace of mind. I felt like I had an army on my side since his staff worked tirelessly for me. They got the insurance company off my back and helped me get back on my feet faster than I expected.
April F.
Mark did a fantastic job for me when I slipped in a restaurant. I owner had the nerve to claim it was my heels, when clearly the floor was damaged and caused me to fall. He tried to make himself look like the victim of a scam. Mark put an end to that real fast. He took control of everything for me. He helped me get my medical costs paid as well as compensation for the lost time at work.
Dottie F.
The Law Office of Mark Gonzales was a smooth experience people were great and professional !! I would recommend them to anyone and if I ever need an injury attorney again I will definitely come back. THANK YOU.
Vanessa M.
The people working here are very nice and helped make a bad experience better. They made the process go smoothly and were always willing to help and answer my questions. The attorney was very personable and willing to help. The office makes sure you are comfortable and that you understand the process. I highly recommend them.
Elizabeth R.
I would like to thank the attorney Mark Gonzalez and his staff for the prompt results representing my family with our case, I would highly recommend his office, thank you in advance.
Jose G.
I want to highly recommend the lawyer Mark Gonzalez due to his great work. He took my case and won it even though another lawyer had said it was a lost case. Very friendly environment especially with the secretary at the front desk. Thank you!
Marelena R.
Mr. Gonzales did an amazing job in solving my case. I was feeling helpless and all hope lost, but him and his staff got me through it. I wouldn’t consider any other attorney than Mr. Gonzales himself. 100% recommended!
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