Three of the busiest freeways in Southern California intersect in the Pomona area, so it’s not a wonder that motor vehicle accidents occur here. Car accidents account for the majority of wrongful death cases in California with 4,000 people being fatally injured each year. Other causes of wrongful death include workplace injuries, medical errors, and other unintentional or intentional acts that result in the death of another person. If your loved one has recently died due to the negligent, reckless, or intentional actions of another, you can hold that person accountable for the losses you’ve suffered.
The death of a loved one can cause financial hardship and drain you emotionally. You need the help of a compassionate and experienced legal team to protect your interests and get you the compensation you deserve.
When someone dies as a result of a negligent or intentional act of another, it is considered “wrongful death”. California’s wrongful death law, set forth in the statute Code of Civil Procedure 377.60, allows surviving family members to sue for damages when their loved one dies as the result of someone’s wrongful act. There are many circumstances that may result in wrongful death, with some of the most common causes listed below.
Motor vehicle accidents include accidents involving a car, motorcycle, or truck that resulted because another driver acted negligently. The driver may have been drunk or under the influence of illicit or prescription drugs. They may have been driving recklessly. Many times the driver is distracted by texting, passengers, or by a number of other activities while driving. Truck drivers may be drowsy from driving over their legal limit of driving time or their vehicle may be unsafe and cause the accident simply by malfunctioning.
Pedestrians or cyclists who are struck by a vehicle often suffer serious harm or death. A driver of a motor vehicle is responsible for observing his surroundings, including those walking or riding bikes. Distracted driving is a major cause of these accidents and is considered wrongful death.
Some wrongful deaths can occur at the workplace as a result of unsafe conditions, faulty equipment, or negligence of another person or company. An employer’s workers’ compensation insurance may provide death benefits, but there may be additional circumstances to pursue a wrongful death claim against certain parties.
If your loved one died as a result of medical error, it may be considered wrongful death. This includes surgical errors, failure to diagnose, prescribing dangerous drugs, or failure to provide adequate treatment. Nursing home abuse or neglect as well as mistakes made during labor and delivery can also be considered wrongful death if they resulted in the death of your loved one.
Sometimes unsafe conditions such as slippery walkways and floors, hazardous conditions, improper safety harnesses, inadequate railings and support, or other unsafe conditions could result in the death of a person. Victims of slip-and-falls are more than just the elderly; hazardous conditions in various situations can cause just about anyone to experience a bad fall.
Defective products as a category can include design errors where a piece of equipment is not designed properly or if the item is defective at manufacturing. This could include things like mechanical failures of a properly maintained car, safety features that are not installed properly, or products that are unsafe for children to use.
If the death of your loved one was caused by the intentional act of another, you may be entitled to compensation in addition to penalties imposed at a criminal trial. Southern California has a high rate of homicide, and that rate continues to climb each year.
If your loved one suffered from wrongful death in Pomona, it is important to talk to a Pomona wrongful death lawyer as soon as possible so an experienced team will get to work collecting evidence and building your case
A Pomona wrongful death lawyer can file suit for wrongful death if you are:
If you are unsure if you qualify to file a wrongful death claim, contact a Pomona wrongful death attorney to find out more. They can guide you and help you file a wrongful death suit if you qualify.
Damages are considered the losses that you incur as a result of the wrongful death of your loved one. These are compensatory damages to provide you with the economic and non-economic damages that you suffer as a result of that death. Economic damages are those that can be calculated, such as loss of income. Non-economic damages are those that are more difficult to calculate but may be awarded by the court as they see fit, such as the lace of companionship.
There are no limits placed on economic damages and they can include:
Non-economic damages include compensation for the loss of:
There are also no limits on non-economic damages, but they may be difficult to determine. A jury can award a reasonable amount and may consider the evidence provided as well as use their own common sense.
If you have recently lost a loved one due to the negligence, recklessness, or intentional acts of another person or entity, you need help. At Kash Legal, our experienced and compassionate Pomona wrongful death attorneys can work with you to determine the viability of your case, and fight to get you the compensation you need and deserve.
Reach out to our Pomona wrongful death lawyers at (888) 527-4128 or fill out our contact form today for a free consultation.
We will be in touch within 24 hours.
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