Wrongful Death Attorneys in the City of Pomona, California
After losing a loved one in a tragic accident, compensation may be available. Speak to a knowledgeable attorney today.
When a person is injured as a result of another’s careless action, the victim can seek monetary damages for his or her injuries. The question then arises, what happens if the victim loses his or her life as a result of those injuries?
Under common law, personal injury lawsuits do not survive death. Should the victim survive the injury, the negligent party could be held accountable. In cases where the victim perishes, however, defendants are set to walk free from fault.
Fortunately, the State of California recognizes the need for wrongful death claims, where qualifying family members can bring a claim against the negligent at-fault party.
Over Three Decades of Committed Legal Experience
If you have recently lost a loved one as a consequence of another’s reckless actions, you may be eligible to receive financial compensation. Wrongful death claims are complex cases, and can be difficult to ascertain. Speak to a qualified attorney who can help you build a strong case and fight for justice.
The personal injury attorneys at Castillo & Associates understand that clients face a deep sense of pain when it comes to wrongful death accidents. In the midst of the pain and sorrow, it can be difficult to think of anything else other than the sudden and tragic loss of the victim. Consequently, the attorneys at Castillo & Associates work tirelessly in the support of mourning families. The firm works diligently to help victim’s families obtain the compensation they need to cover costs associated with the untimely passing. Following the death of a loved one caused by another’s actions, speak to a skilled attorney you can depend on. Consider contacting the attorneys at Castillo & Associates today for a no-obligation consultation.
Identifying the Responsible Party
Based on California’s Wrongful Death Statute, a wrongful death is one that is caused as a result of the intentional or negligent act of another. In practice, a wrongful death claim can be brought by the victim’s survivors after:
- A car accident,
- Trucking accident,
- Motorcycle accident,
- Pedestrian accidents
- Defective product accidents,
- Construction accidents,
- Toxic chemicals, and
- Criminal actions, such as murder or assault
A majority of wrongful death claims are filed asserting negligence. This means that there was a failure to exercise due care, which resulted in the untimely passing of the victim. To clarify, drivers in California owe a duty to those they share the road with, and should therefore operate their vehicle in a safe and secure manner. When drivers fail to do so, and cause the death of an unsuspecting person, they then should be held accountable for the wrongful death of the victim.
Eligibility Requirements to File a Wrongful Death Claim
The state’s statute empowers certain survivors the right to file a wrongful death claim. This includes:
- The surviving spouse of the victim,
- The surviving domestic partner of the victim,
- Surviving children,
- The parents of the victim, or
- Siblings of the victim
Based on the statute, other people may also be able to file a claim if they were financially dependent on the victim. This may include:
- The victim’s step-children,
- The victim’s putative spouse
- Children the victim has with the putative spouse
Speak to a Qualified Wrongful Death Attorney
Grieving family members are often unaware of their right to file a lawsuit. When in doubt, surviving family members are encouraged to seek the legal guidance of a skilled wrongful death attorney.
Wrongful death cases are notoriously challenging, as there may be multiple parties that can be found accountable. If you have lost a loved one because of another’s actions, you should seek the support of an attorney who can help you navigate the complex legal process.
The wrongful death attorneys at Castillo & Associates have over three decades of experience successfully helping surviving family members obtain the compensation they deserve following the tragic and unexpected loss of a loved one. The firm understands that after unexpectedly losing a loved one, facing a challenging legal process can be daunting. Because of this, the attorneys at Castillo & Associates work aggressively in the pursuit of justice, to help victims recover the compensation they are owed. If you have lost a loved one in a tragic accident, speak to an attorney you can depend on; consider obtaining the legal support of the attorneys at Castillo & Associates. Contact them today for a no-obligation consultation.