Rancho Cucamonga Wrongful Death Lawyer

We Represent Grieving Families in Wrongful Death Claims in Rancho Cucamonga

At Saeedian Law Group, our Rancho Cucamonga wrongful death lawyer is a compassionate, experienced, and justice-driven advocate for grieving families. The loss of a spouse, child, or other family member is a terrible tragedy. If your loved one was killed in an accident caused by negligence, our firm is here to help you navigate every aspect of the civil legal claims process. Contact our wrongful death attorney Rancho Cucamonga for a free, fully confidential initial consultation.

We Handle All Types of Wrongful Death Cases in Rancho Cucamonga

The loss of a family member to a fatal accident is heartbreaking. There is nothing that will ever truly be enough to make things right for the people who suffered such a devastating, permanent loss. At the same time, the law recognizes that grieving families need justice, accountability, closure, and financial support. A wrongful death claim is a civil cause of action that can be brought by families against the party (or parties) responsible for a fatal accident. Our wrongful death law firm Rancho Cucamonga handles the full range of fatal accident cases, including:

Car crashes;
Truck accidents;
Motorcycle wrecks;
Pedestrian collisions;
Fall accidents;
Criminal attacks;
Construction accidents;
Workplace accidents;
Dangerous and defective products; and
Medical malpractice cases.

Understanding Wrongful Death Eligibility in California

Not every person who had a close relationship with the victim of a fatal accident has the right to file a wrongful death lawsuit. Under California law (CCP § 377.60), only certain people are “eligible” claimants in a wrongful death case. The claim should be brought on behalf of the:

Surviving spouse;
Surviving domestic partner;
Surviving children; or
If none exist, the next closest kin, such as parents or siblings.

A personal representative is not required to file a wrongful death claim in California. Unlike in many other states, the heirs are permitted to file the wrongful death claim directly.

Wrongful Death Cases are Fault-Based Claims

In California, wrongful death liability is based on fault. To hold another party legally liable for a fatal accident, surviving family members of the victim must prove that the defendant was responsible for the accident. Most often, liability is based on negligence. Though, there are some exceptions, such as in defective product claims. Every fatal accident in San Bernardino County should be thoroughly investigated by an experienced Rancho Cucamonga wrongful death attorney. Evidence is key to proving fault and establishing liability in a wrongful death case.

For example, in a fatal car crash, if a distracted driver ran a red light and struck another vehicle, killing the occupant, the driver could be held liable for wrongful death. That crash should be carefully investigated so that the surviving family can prove that the other driver was distracted. Similarly, in a fall accident, if a grocery store failed to clean up a spill or post warning signs, leading to a fatal slip-and-fall, the store owner could be responsible.

What to Know About Comparative Negligence and Wrongful Death Lawsuits in California

California is a pure comparative fault state. The standard of comparative negligence applies to all types of accident/injury claims, including wrongful death lawsuits. If the deceased was partially responsible for the accident, their family can still recover compensation, but the award will be reduced by their percentage of fault. Even if the deceased was mostly at fault, surviving family members may still seek damages.

For example, imagine that your loved one was killed in a multi-vehicle crash in Rancho Cucamonga. An investigation revealed that he or she was speeding and the speed was a factor in the crash. However, the other driver was distracted and was even more at fault. If your loved one is assigned 20 percent blame for his or her own fatal accident, the value of a wrongful death claim for the value will be reduced by 20 percent as well. Proportional fault applies. Grieving families need to be prepared because defendants often try to shift blame to limit liability.

Know the Deadline: Wrongful Death Statute of Limitations

As with other types of legal claims, wrongful death lawsuits are time-sensitive. You and your family should not wait to initiate the civil legal claims process after a fatal accident. Under California law, there is a two year statute of limitations for wrongful death lawsuits. The case does not necessarily need to be fully resolved within two years, but any lawsuit should be filed before the statute of limitations deadline expires. Only limited exceptions apply—and if a claim is not brought in a timely manner, it could be dismissed outright. Do not fall behind in the legal claims process: Consult with an experienced wrongful death lawyer Rancho Cucamonga as soon as possible.

An Overview of Wrongful Death Damages in California

The unfortunate reality is that no amount of financial compensation will ever make things right after a close loved one’s fatal accident. Still, grieving families need justice and the maximum available financial support. Through a wrongful death lawsuit in California, families may be entitled to recover compensation for:

Economic Damages: In a wrongful death claim, non-economic damages may include compensation for lost wages, benefits, medical bills, and funeral expenses.
Non-Economic Damages: Wrongful death damages are primarily non-economic. Grieving families may be able to recover from loss of love, loss of companionship, loss of parental guidance, and loss of consortium.
Punitive Damages: While not granted in every wrongful death lawsuit in California, punitive damages may be awarded when the defendant’s conduct is particularly reckless or malicious. They are not tied to any specific loss, but are still awarded to the family.

Note: Wrongful death cases are highly-fact specific. The total compensation depends on factors such as the victim’s age, career prospects, and the overall financial impact on the family. It is vital to file a claim promptly. You do not want to fall behind in the legal claims process. Our Rancho Cucamonga, CA wrongful death lawyers will help you seek justice and the maximum recovery.

What to Know About Survival Action Cases in California

You and your family may also have a separate cause of action called a “survival action” claim after your loved one’s tragic accident. In California, a survival action claim and a wrongful death claim are related but they are distinct legal actions. A survival action allows the estate of the deceased to pursue claims that the deceased could have filed had they survived. The claim is brought by the personal representative or successor-in-interest of the decedent. Unlike a wrongful death claim, which focuses on the losses suffered by the surviving family, a survival action seeks compensation for the harm the deceased suffered before death. Some additional damages that may be successfully recovered through a survival action claim in Rancho Cucamonga include:

Medical expenses incurred by your loved ones after the accident but before death;
Loss wages incurred by your loved ones after the accident but before death; and
The pain and suffering your loved one endured from the accident before they passed away.

Note: Grieving families in California do not have to choose between a wrongful death claim and a survival action claim. They are separate actions. A survival action claim is generally brought in addition to a wrongful death claim if the victim survived for a period (hours, days, weeks, or longer) after the accident but eventually passed away due to the severity of their injuries.

Why Grieving Families in Rancho Cucamonga Rely On Saeedian Law Group

Wrongful death cases can be very hard on families. At Saeedian Law Group, we are committed to putting grieving families first. With many millions in compensation recovered for clients, our case results demonstrate what we can do for families. A proactive approach to a civil wrongful death case is a must. Among other things, our top-rated wrongful death attorney Rancho Cucamonga will;

Listen to your story and answer questions about the wrongful death claims process;
Investigate your loved one’s fatal accident—gathering all relevant evidence to prove fault;
Help your family navigate the wrongful death claims process, including settlement; and
Take aggressive action to fight for justice, accountability, and the maximum compensation.

Wrongful Death Claims in Rancho Cucamonga: Frequently Asked Questions (FAQs)

What Should I Look for in the Best Wrongful Death Lawyer in Rancho Cucamonga?

Professional skill, legal expertise, compassion, experience, and an ability to get results. The reality is that wrongful death claims are among the most emotionally (and legally) challenging cases. Following a loved one’s fatal accident, it is imperative that you have a strong and experienced advocate in your corner. Our Rancho Cucamonga wrongful death lawyers can help.

Do You Have to Decide Between a Wrongful Death Claim and a Survival Action Claim?

No. Beyond a wrongful death claim, a family may also have a survival action claim. It is important to emphasize that you can pursue both a wrongful death claim and a survival action in California if applicable. A wrongful death claim seeks compensation for the losses suffered by surviving family members. In contrast, a survival action allows the estate to recover damages the deceased could have claimed if they had survived. The distinction may seem subtle, but it matters. A Rancho Cucamonga wrongful death lawyer can help you navigate a survival action claim.

Are there Exceptions to the Wrongful Death Statute of Limitations?

Yes—but the exceptions to California’s wrongful death statute of limitations are very narrow. The most notable exception is based on the discovery rule. If the death was not reasonably discoverable within two years, the statute of limitations can be extended. Further, medical malpractice cases are subject to different deadlines. The death was caused by medical malpractice, the family may have additional time to take legal action.

How Do I Value a Civil Wrongful Death Case?

Wrongful death cases are inherently difficult to value. After all, how can you ever truly put a dollar figure on something so important as a person’s life. No amount of compensation will ever be sufficient. At the same time, the civil legal process does have protocols in place for valuing economic and non-economic compensation. Our Rancho Cucamonga wrongful death lawyer can help.

Should We Accept a Wrongful Death Settlement?

It depends on case-specific factors, especially the amount being offered in settlement. After a family member’s fatal accident, you need justice, accountability, and financial support to move forward with your life. You should not feel pressured into taking a wrongful death settlement that fails to offer the maximum financial compensation. Justice matters. Our Rancho Cucamonga, CA wrongful death attorneys will represent your family in settlement negotiations.

How Common is Wrongful Death Litigation?

It is relatively uncommon. A far larger percentage of civil wrongful death claims are eventually settled outside of litigation. Though, wrongful death litigation may be required if liability is disputed and/or the settlement offer is too low. Our trial-tested Rancho Cucamonga wrongful death lawsuit attorney helps grieving families fight for justice.

You Pay Nothing Upfront or Out-of-Pocket

If you lost a spouse, child, parent, or other close loved one to a fatal accident, the absolute last thing you need to worry about is another bill that needs to be paid. At Saeedian Law Group, we handle civil wrongful death claims and lawsuits on a contingency fee basis. There are no upfront costs and there are no hourly bills. Our legal fees are entirely linked to your financial recovery. If you do not get paid, we do not get paid. An initial consultation with our top-rated Rancho Cucamonga wrongful death lawyer is free, confidential, and carries no additional obligations.

Contact Our Rancho Cucamonga Wrongful Death Attorney Today

At Saeedian Law Group, our Rancho Cucamonga wrongful death lawyers are compassionate, experienced advocates for grieving families. Wrongful death claims are hard on families. We are here to guide you through all aspects of the civil legal claims process. Contact us today for your free, no obligation initial consultation. We represent families in wrongful death cases in Rancho Cucamonga, San Bernardino County, and all across Southern California.