Rancho Cucamonga Wrongful Death Attorney

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We can all imagine the devastation caused by the sudden death of a loved one, especially when it could have been avoided. When a loved one’s death was the result of negligence or intentional wrong doing, the Law Offices of Brent A. Duque can help you through the process of collecting damages from the responsible party. Whether the death resulted from a dangerously defective product, distracted or drunk automobile driver, workplace accident, physician’s error, unsafe home or business premises or even an intention act, California law allows spouses, children, parents and sometimes other relatives to seek legal action.

We all understand fully well that no amount of money can ever replace the loss of a loved one, but it can ease the financial burden after a loss and will allow the family to feel more at peace when the responsible person is held accountable for their actions.

Filing A Wrongful Death Claim in Rancho Cucamonga, CA

If your family member was killed as a result of someone else’s negligence, you will need the advice of a trained wrongful death attorney to guide you through your case. A time of mourning can be overwhelming on its own and the details involved in filing a civil action can add to stress and feeling of loss.

Wrongful death lawsuits are filed as a civil action as opposed to a criminal case. The burden of proof in a civil case is much easier to prove than the “beyond a reasonable doubt” requirement in a criminal case. The result of a civil case is to hold the defendant responsible through monetary punishment as opposed to jail time.

People Who Can Bring The Case

A wrongful death lawyer can help you determine who should file the lawsuit, but essentially, only the survivors of a deceased person are permitted to bring a lawful death lawsuit. However, not everyone related to the victim is eligible to file a lawsuit. If the deceased is an adult, proper parties are restricted to a surviving spouse or domestic partner. If there is no surviving spouse, the lawsuit can be filed by the surviving children or other dependents, including step-children. If the deceased is a child, the lawsuit can be brought by the surviving parents or grandparents if the parents did not survive the child. Special circumstances may allow for other relatives or beneficiaries to file the lawsuit.

Damages

A sudden death of a family member can come with many financial burdens attached. When negligence or intentional wrongdoing leads to the death of a person, certain heirs can recover damages that have or will occur as a result of the untimely death. These damages are separate from the decedent’s estate and come in the form of economic and non-economic payments.

Economic damages might include loss of financial support to be received during the decedent’s lifetime along with funeral and burial expenses. Non-economic damages might include the loss of parental guidance for children reasonable value of household services the decedent would have provided and the loss of spousal companionship or even suffering and grief experienced by immediate family members. Other damages may also be awarded under special circumstances and your attorney can review your case to determine if you qualify for these.

Time Limits

When filing a wrongful death lawsuit, timing is key. Each action involves a different statute of limitations. The general rule under the wrongful death statute of the California law requires a lawsuit to be filed within two years of the deceased person’s death. Hiring an experienced attorney is better done sooner than later to ensure proper filing of paperwork in a timely manner.

The insurance companies typically have a very seasoned team of attorneys on their side of the table. Complex litigation should not be attempted on your own. Duque Law is an experienced, aggressive and successful wrongful death law firm with offices in Rancho Cucamonga, California. We’re compassionate, and we’re sensitive to the fact that our clients have suffered an enduring and permanent loss.

At the Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful wrongful death attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after a wrongful death.

Contact our San Bernardino County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.

Frequently Asked Questions

There’s no average settlement for wrongful death cases, at least in Rancho Cucamonga, CA. This is because every case is considered unique and has different elements that can affect the outcome of the negotiations.

Depending on the circumstances, who the responsible party was, and other factors, a wrongful death claim can vary from thousands to even hundreds of thousands of dollars.

The best way to address this concern is to talk with experienced wrongful death lawyers. They will gather all the information necessary for the case and then come up with an estimate of what the victim’s family can receive in compensation.

Most of the time, the settlements are used to cover medical expenses, funeral expenses, loss of companionship, loss of consortium, and more.

Unfortunately, there are many causes that can lead to wrongful death, which is why it’s important to talk with a Rancho Cucamonga wrongful death attorney to determine how much compensation the family can get based on the cause.

The leading causes of wrongful death in California include:

  • Truck, auto, and bicycle accidents
  • Medical malpractice
  • Work-related accidents
  • Criminal acts

Regardless of the case, our professional wrongful death lawyers are available to fight for your rights and get you the compensation you deserve to move on.

While money won’t be enough to cover all the emotional damage that comes from losing a loved one, it can certainly ease some of the financial burdens that these accidents tend to leave.

Hiring a lawyer to file a wrongful death claim is the first step toward successfully proving liability. In essence, you must be able to prove that the responsible party owed the victim a duty of care, which they breached.

If you can prove that the breach of that duty of care caused your relative to die, you will be entitled to compensation.

There are three other elements to prove in wrongful death claims besides the ones we just mentioned:

  • Cause
  • Proximate Cause
  • Harm

All of those elements are meant to demonstrate that the defendant took an action that caused the death of your relative.

Proving these five elements without legal help can be very hard, so don’t hesitate to call our lawyers so that we can build a stronger case.

Generally speaking, a lawyer can help with the following:

  • Helping you understand your legal rights.
  • Determining who was at fault.
  • Evaluating how much money you may be entitled to receive.
  • Gathering evidence and talking to witnesses to build your case.
  • Representing you if the case goes to court.

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