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Wrongful Death Attorney

Wrongful Death Claims in Pomona Under California Law

A wrongful death claim may be filed when a person dies because of another party’s wrongful act or neglect. Under California Code of Civil Procedure § 377.60, certain surviving family members may have the right to bring a claim, including a surviving spouse, domestic partner, children, and other qualifying heirs or dependents.

Wrongful death claims are civil cases. They are separate from any criminal case that may arise from the same incident. A civil wrongful death claim focuses on the losses suffered by surviving family members.

Common wrongful death cases in Pomona may involve:

Pomona’s location near major routes such as the I-10, SR-71, SR-57, Mission Boulevard, and Holt Avenue can make traffic-related wrongful death claims especially complex. These cases may require accident reconstruction, vehicle inspections, witness statements, police reports, medical records, and available video footage.

Who Can File a Wrongful Death Lawsuit in Pomona?

California law limits who may bring a wrongful death claim. Depending on the family structure, eligible claimants may include:

  • The deceased person’s surviving spouse or domestic partner
  • The deceased person’s children
  • Grandchildren, if the deceased person’s child has also passed away
  • Certain dependent minors
  • Other heirs who may inherit under California intestate succession laws

In some cases, multiple family members must be included in the same wrongful death action. This is one reason it is important to identify all potential claimants early.

A wrongful death case may also be connected to a survival action. A wrongful death claim focuses on the losses suffered by surviving family members. A survival action may address certain claims the deceased person could have brought if they had survived. These claims are legally different and may involve different damages, procedures, and parties.

Compensation That May Be Available in a Pomona Wrongful Death Case

California Code of Civil Procedure § 377.61 allows damages in wrongful death cases based on what is just under the circumstances. The amount and type of compensation depend on the facts of the case, the relationship between the deceased person and the claimants, and the evidence available.

Families may be able to pursue compensation for economic losses, including:

  • Funeral and burial expenses
  • Loss of financial support
  • Loss of household services
  • Loss of benefits that the deceased person may have provided
  • Medical expenses related to the fatal injury, when legally recoverable through the proper claim

Families may also be able to pursue non-economic damages, including:

  • Loss of companionship
  • Loss of affection
  • Loss of guidance
  • Loss of care
  • Loss of moral support
  • Loss of consortium for a surviving spouse or domestic partner

Punitive damages are limited in California wrongful death cases and are not available in every matter. They may require separate legal analysis, especially when intentional misconduct, intoxication, or extreme recklessness is involved.

Deadlines, Evidence, and Government Claims

In many California wrongful death cases, the general statute of limitations is two years from the date of death. Missing the deadline can prevent a family from pursuing a claim.

Some cases have shorter deadlines. If a public entity may be responsible, such as a city, county, school district, public hospital, public transit agency, or government employee, a government claim may need to be filed within six months. This may apply to cases involving unsafe roads, dangerous public property, public vehicles, or government employees acting within the scope of their duties.

Important evidence in a wrongful death case may include:

  • Police or collision reports
  • Medical records
  • Death certificate
  • Coroner or autopsy findings
  • Witness statements
  • Surveillance or dashcam footage
  • Vehicle data
  • Workplace safety records
  • Product maintenance or recall records
  • Expert analysis

The earlier an investigation begins, the better the opportunity to preserve evidence before it is lost, repaired, deleted, or altered.

How Heidari Law Group Helps Families in Pomona

Heidari Law Group helps families evaluate wrongful death claims, investigate liability, and pursue legal remedies available under California law. The firm’s role is to reduce the burden on grieving families while handling the legal and procedural demands of the case.

Legal support may include:

  • Reviewing the facts surrounding the death
  • Identifying all potentially responsible parties
  • Preserving key evidence
  • Working with accident reconstructionists, medical experts, or financial experts when needed
  • Calculating economic and non-economic losses
  • Handling insurance communications
  • Filing court documents
  • Preparing the case for settlement negotiations or litigation

Families in Pomona should not have to navigate a wrongful death claim alone. Speaking with an attorney can help clarify deadlines, legal rights, and the next steps available under California law.

Common Questions About Wrongful Death Cases in Pomona

What is a wrongful death claim?

A wrongful death claim is a civil lawsuit brought by eligible surviving family members when a person dies because of another party’s wrongful act, neglect, or misconduct.

How long do families have to file a wrongful death lawsuit in Pomona?

Many California wrongful death claims must be filed within two years from the date of death. Claims involving government entities may require action much sooner, sometimes within six months.

Who can file a wrongful death claim in California?

Eligible claimants may include a surviving spouse, domestic partner, children, grandchildren in certain situations, dependents, or other qualifying heirs under California law.

What compensation may be available?

Compensation may include funeral costs, burial expenses, loss of financial support, loss of household services, and loss of companionship, care, affection, and guidance.

Can a wrongful death case involve a government agency?

Yes. If a public vehicle, unsafe public road, public employee, or government-owned property contributed to the death, special government-claim rules may apply.

Is a wrongful death lawsuit the same as a criminal case?

No. A criminal case is brought by the government. A wrongful death lawsuit is a civil case brought by eligible surviving family members to pursue compensation for their losses.

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