Ontario Wrongful Death Lawyer

Wrongful Death Attorney in Ontario, CA

Losing a loved one to an accident that could have been avoided can be traumatic. Surviving spouses, children, and relatives are faced with pain and emotional distress. Additionally, some families may experience financial hardships. If you believe your loved one’s death was caused by negligence or malicious intent, an Ontario wrongful death lawyer can help you navigate the legal process ahead.

At Belgum, Fry & Van Allen, we are committed to serving justice for our clients after the loss they endured. We are knowledgeable and experienced in California wrongful death laws, and we can offer advice based on the outcomes of similar cases. We offer personalized strategies to strengthen your case and achieve a favorable outcome. Hire a wrongful death lawyer who is willing to aggressively represent your rights and needs.

Common Causes of Wrongful Death

Wrongful death is a term that encompasses instances where an individual loses their life due to the negligence, recklessness, or malicious intent of another person, an organization, or a group. Common causes leading to wrongful death may include:

• Defective equipment or devices
• Medical malpractice
• Motor vehicle accidents
• Workplace and construction accidents
• Slip and fall accidents
• Intentional criminal acts
• Premise liability

Most recent data from the Centers for Disease Control and Prevention (CD) report shows that unintentional injuries are the third leading cause of death in the United States. Injuries resulting in death may be common, but there is a significant safety and public trust concern when a death could have been avoided if a person, group, or organization had acted differently.

Eligible Wrongful Death Plaintiffs in California

According to California’s Code 377.60, certain members of the deceased’s surviving family may be eligible to file on their behalf. Generally, a spouse, domestic partner, children, or parents are eligible to file a wrongful death claim. There may be accommodations made for minor children and other surviving relatives. You may consult with an Ontario wrongful death attorney to review your eligibility.

How to File a Wrongful Death Claim in Ontario

Filing a legal claim can be an overwhelming process filled with legal jargon and lengthy procedures. People interested in filing a formal wrongful death claim in Ontario should be prepared to take the following steps:

• Seek legal counsel: Wrongful death cases are complex due to their nature and the parties involved in the legal process. The defense’s attorneys and insurance providers may try to discredit the plaintiff or downplay their involvement in the death. A wrongful death lawyer can help review the case and advocate on a plaintiff’s behalf.
• Gather as much evidence as possible: This is a crucial step to strengthen a wrongful death case. The plaintiff may rely on medical records, death certificates, expert testimony, and other circumstantial evidence.
• File the wrongful death claim: Ontario residents may submit a wrongful death claim through the Civil Division of the San Bernardino District Court. Specific cases, such as wrongful death claims arising from medical malpractice, require written notice to the defendant before filing a claim.
• Discovery: The defendant may request access to the evidence against them to form a response to the claims made. Insurance companies may evaluate the deceased’s life, relationships, and assets.
• Negotiation: Wrongful death cases can be resolved through a settlement with the defense or through jury deliberations. While there is no average settlement amount in California for these cases, wrongful death cases may award thousands or hundreds of thousands of dollars in compensation.

Available Wrongful Death Compensation in California

Plaintiffs may be eligible for compensation in the form of economic and non-economic damages. Economic damages include burial and funeral expenses, loss of income and future earnings, or medical bills. Non-economic damages typically include pain and suffering endured after the loss of a loved one. In cases involving a corporation or group, compensation may also include, for example, amending a widely distributed defective product.

An Ontario wrongful death lawyer may assist in identifying the local companies or institutions representing the defendant, as well as how they may handle awarding damages. Compensation can include a combination of economic and non-economic damages. Insurance companies or the courts may consider the deceased’s age, young children left behind, pain suffered, and personal assets to determine an appropriate amount to pay out.

FAQs

What Are the Statutes of Limitations for Wrongful Death Cases in California?

The statute of limitations for a wrongful death case is typically two years from the time of death. Any claim submitted after two years may be dismissed, and the deceased’s surviving family members are encouraged to consult an attorney early. Gathering evidence can take a long time, and plaintiffs may face other challenges during the filing process.

Can There Be Multiple Plaintiffs in a Wrongful Death Claim?

Yes, there can be multiple plaintiffs involved in the filing of a wrongful death claim. These circumstances are often more complex, as the plaintiffs must reach an agreement on settlement, court involvement, and the distribution of damages. All parties should agree on the process and final decisions. An experienced lawyer can help the parties reach an agreement.

What Evidence Should be Preserved for a Wrongful Death Claim?

The plaintiff may need to secure crucial evidence to strengthen their wrongful death claim. They will need to gather medical records, autopsy reports, death certificates, physical evidence like photographs of an accident, police reports, the deceased’s financial and employment history, and other direct or circumstantial evidence. A lawyer can help identify critical pieces of evidence.

How Are Damages Typically Distributed in California?

Damages can be distributed in multiple ways. Once all parties reach a settlement amount or a jury makes a final decision, the damages awarded can be paid out in full or in installments. The beneficiary of these damages may also influence how compensation will be distributed. For instance, the damages may be placed into a holding account for minor beneficiaries.

Hire a Wrongful Death Lawyer Today

At Belgum, Fry & Van Allen, we understand how devastating losing a loved one can be. We also understand that a loved one may leave loose ends and financial costs behind, adding to the great pain and emotional damage suffered. Our team can help provide closure and seek justice. Contact us today to schedule a free consultation.