Fontana Wrongful Death Attorney
If you have lost a loved one because of someone else’s wrongdoing or negligence, you might consider filing a wrongful death claim to recover for your loss. At Gonzales Law Offices, we know that there is no amount of monetary compensation that could fully replace what you have lost. Legal action and compensation is a method that can be used to seek justice. Fighting for compensation in a wrongful death case can often be accomplished by the legal assistance of a Fontana wrongful death lawyer.
The wrongful death of a loved one involves more than just physical loss. Emotional losses are one of the most difficult aspects of a wrongful death case because you cannot change what happened or prevent the accident from having occurred.
If you need help pursuing your claim, Mark Gonzales at Gonzales Law Offices can take over legal matters for you during this difficult time.
What Is a Wrongful Death?
In general, a wrongful death is considered to be any death caused by someone’s wrongful actions or their failure to act. Thus, someone is believed to have died a preventable, wrongful death if legal negligence is the cause of their death.
Wrongful death cases are a form of civil court case in which a surviving family member of the decedent can sue the responsible party for damages. These cases are handled in a civil court rather than a criminal court because the death was accidental and not intentional. Negligent parties who caused another individual’s death may be held liable for their actions.
There are limitations to the time frame to pursue a claim. Thus, it is important to consult a trusted attorney as soon as possible following the preventable death of a loved one. That way, you can protect your rights and build a strong case right from the start and before the evidence disappears.
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How Is a Wrongful Death Proven?
To prove someone else is responsible for the wrongful death of another, you must establish negligence. Proving negligence requires showing:
- Someone owed your family member a duty of care to keep them safe
- The party responsible for keeping your family member safe breached their duty of required care and failed to keep your family member safe
- The breach of the owed duty to keep them safe resulted in their unexpected death, which is usually accomplished by an investigation into the death and thorough expert testimony
- The death of your family member resulted in measurable damages
Gonzales Law Offices understands the complexities of Fontana’s wrongful death law. We can build a strong case by consulting with experts and establishing the negligence of the at-fault parties. For your family’s loss, we can pursue the maximum recovery available for your wrongful death claim.
How Do Wrongful Deaths Usually Happen?
Many circumstances can result in a wrongful death case. Common causes of wrongful death claims include:
- Auto accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice incidents
- Workplace accidents
- Defective products
- Toxic waste exposure
- Slip and fall accidents
- Fires
- And more
There are many different ways that a wrongful death can happen, and if you don’t see the reason your loved one passed away on this list, it is still important to contact a knowledgeable attorney to discuss your incident.
Even though wrongful death cases are often the result of an accident, the liable party should still be held accountable for his or her negligent actions.
What Types of Compensation Can Be Recovered in Fontana for Surviving Family Members?
When a family loses a family member because of someone’s wrongdoing or negligent action, money can never really compensate for their loss. However, a wrongful death case can often provide financial stability and necessary justice for the remaining family members. Often, family members seek both economic and non-economic losses.
Economic damages are actual, quantifiable amounts, which can include:
- Medical bills paid before the family member passed
- Funeral and burial costs and expenses
- An amount of lost expected earnings of the deceased
- An amount of recovery for lost inheritance
- An amount of lost benefits (like a pension plan or health insurance)
- A number of lost services the deceased would have provided had they not passed away
Concrete evidence is typically necessary in order to calculate the amount you might recover for economic damages. An experienced Fontana attorney familiar with wrongful death cases can help determine the value of your economic damages and ensure you have included all appropriate costs in your recovery.
Also, your claim likely would include recovery for non-economic damages, which are intended to provide compensation for incalculable losses suffered. These losses often include the following:
- Pain and suffering of the victim before their passing
- Pain and suffering of the surviving family members
- Your loss of companionship, care, and comfort
- The emotional distress experienced by the remaining family members
- Loss of support and guidance for any surviving children
Although these losses can be hard to calculate, they are often a major part of any California wrongful death case. An experienced attorney can ensure you are building a strong non-economic loss case. If you are able to obtain compensation for your loved one’s death, much stress and several financial burdens can be alleviated. Gonzales Law Offices can help you fight for the compensation to which you are entitled.
Contact an Experienced Attorney for a Wrongful Death Case
Each wrongful death claim needs a nuanced approach tailored to the specific circumstances surrounding the death of a loved one. Gonzales Law Offices can seek appropriate compensation on your behalf.
FAQs
The amount you might expect to recover for a wrongful death claim in Fontana depends on several important factors, including economic (like expenses and lost wages) and non-economic damages (based on the family’s emotional losses). Also, the strength of the case and the degree of negligence of the at-fault party can influence the value of a wrongful death case. A seasoned wrongful death attorney can further discuss the amount you might recover for your own case.
The types of evidence that usually help bolster a wrongful death claim include medical records, police reports, expert testimony, evidence to prove negligence, and documents concerning damages. If you have other questions about the types of evidence needed to support a wrongful death claim, contact Gonzales Law Offices today to discuss your factual circumstances.
The amount a wrongful death lawyer in Fontana costs depends on whether your attorney’s fee agreement includes any upfront costs. If they use a contingency fee agreement for your case, you usually give them a percentage of the settlement or award from a trial if you win your case. If you lose, you typically don’t pay any costs or fees.
Gonzales Law Offices never requires an upfront fee. We only receive a portion of your settlement if we are successful with your case.
Each state has its own time frame within which a wrongful death claim needs to be filed after the date of death. In Fontana, the California statute of limitations applies, which means you typically have two years to initiate a claim. However, the deadline to file can vary based on the circumstances. It’s important to consult a knowledgeable wrongful death attorney to pursue compensation for your loss in a timely manner.
Contact an Experienced Fontana Wrongful Death Lawyer at Gonzales Law Offices
In many cases, wrongful death claims can be handled out of court with a settlement. If we are able to agree on a settlement amount, you can typically avoid the time and expense of going to court to resolve your case.
If negotiation is not a possibility, we can take your case to trial. Rest assured, our dedicated attorney is a zealous advocate in the courtroom and can aggressively advocate for your wrongful death case. Our firm can use our high-tech resources and proven abilities to prepare a solid case to ensure that your legal goals are achieved.
Contact us today to schedule a free case evaluation!