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Wrongful Death Attorneys in the Inland Empire

Losing a loved one as a result of another’s negligence can be a painful experience. Obtain the support of a wrongful death attorney to fight for justice.

The sudden and unexpected death of a family member is a devastating event that no person can ever prepare for. The psychological and emotional toll of this tragedy can be even more difficult to bear when another is to blame for the unexpected loss.

In the State of California, when a person’s death has been caused by another’s negligence or wrongful behavior, the victim’s surviving family members may have legal standing to pursue a wrongful death lawsuit. If you have recently lost a loved one because of another’s careless actions, speak to an attorney who can help you seek justice.

More Than 30 Years in Committed Legal Experience

The attorneys at Castillo & Associates understand the emotional difficulty surrounding wrongful death claims. As a result, the firm works attentively to answer all relevant questions, and ascertain liability for the wrongful death. Attorney Domingo Castillo, as a prior insurance claims adjuster and senior claims examiner, has been in the insurance claims industry for over 30 years and handled thousands of cases for insurance carriers such as Allstate, Cigna and more. With a professional portfolio that includes the successful legal support of more than 10,000 clients, the firm has the skills and experience necessary to handle the most challenging wrongful death lawsuits. Consider contacting the attorneys at Castillo & Associates for more information.

Wrongful Death: A General Overview

In California, wrongful death claims are civil actions brought by the victim’s survivors against the defendant for his or her wrongful action or negligence. In some cases, criminal charges are brought against the defendant simultaneously. In this situation, both cases will proceed independently of one another. It should be noted that a criminal conviction is not required to have a successful wrongful death claim. Concerning wrongful death claims, proving certain negligent actions is sufficient to a successful claim, irrespective of the allegations against the defendant or his or her criminal conviction.

Unlike a criminal case where a conviction can bring about incarceration or other criminal sentencing, a wrongful death lawsuit can only lead to monetary compensation for the damages. Upon a successful claim, the civil court will order the at-fault party to pay monetary damages to the plaintiff.

Important Elements in a Wrongful Death Claim

In a legal perspective, elements are the essential building blocks of a claim. To succeed in a wrongful death claim, strong evidence is needed to establish the required elements. Wrongful death claims in California need to prove the following elements:

  1. A person passed away;
  2. The passing was caused as a result of another party’s negligence, or intent to cause the victim harm; and
  3. The victim’s survivors are suffering damages as a consequence of the victim’s passing.

Wrongful Death Claim: Eligible Parties

California’s civil statute on wrongful death cases provides that only specific parties are eligible to file a claim. Generally, the following parties can file a claim:

  • The surviving spouse of the victim,
  • The registered domestic partner of the victim,
  • The victim’s surviving children, and
  • The victim’s surviving grandchildren

If there is no line of descent, a lawsuit can be filed by another party who would otherwise be entitled to inherit the victim’s estate. This can include the victim’s siblings, parents, and other dependents.

Typical Accidents That Can Give Rise to a Wrongful Death Claim

As previously mentioned, California law states that a wrongful death can be caused by the intentional act or negligence of another party. In general, a majority of wrongful death claims are brought following:

  • Automobile accidents
  • Commercial vehicle accidents
  • Pedestrian accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Fatality caused by the use of a defective product
  • Construction accidents
  • Criminal actions, such as murder or physical assault

Most cases will be brought asserting negligence, meaning the defendant failed to exercise reasonable care, which ultimately resulted in the sudden death of the victim. To illustrate, drivers in California owe those they share the road with a reasonable duty of care. Essentially, motorists are obligated to drive safely. When a driver chooses to drive recklessly, whether by speeding or any other unlawful action, he or she can be found negligent in causing the accident and failing to drive safely. This breach in care will consequently result in liability for the wrongful death.

Hire a Knowledgeable Wrongful Death Attorney

A wrongful death claim can become incredibly complicated, and as a grieving family member, it is important that you do not face the challenge alone. Instead, obtain the legal support of a qualified attorney who will fight for justice on your behalf.

The wrongful death attorneys at Castillo & Associates understand that a grieving family is usually not prepared to enter into a complex wrongful death claim. The attentive firm offers a no-obligation consultation to clients suffering from the unexpected passing of a loved one that has been caused by another’s negligence. With many years of committed experience, the firm specializes in personalized consultations, a complete and thorough investigation of the case, and aggressive representation. If you have lost a loved one because of another’s negligence, speak to an attorney you can depend on. Consider contacting the attorneys at Castillo & Associates today for more information.

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MAKING A FALSE OR FRAUDULENT WORKERS‘ COMPENSATION CLAIM IS A FELONY SUBJECT TO UP TO 5 YEARS IN PRISON OR A FINE OF UP TO $50,000 OR DOUBLE THE VALUE OF THE FRAUD, WHICHEVER IS GREATER, OR BY BOTH IMPRISONMENT AND FINE.” LAB.C. § 5432(A).

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