Upland Wrongful Death Lawyer

Wrongful Death Attorney in Upland, CA

Unintentional accidents happen all the time. Yet an accident caused by negligence or recklessness can cause severe damage to all parties involved. This is especially true when negligence results in the death of a person, a death that could have been avoided had the circumstances been different. Losing a loved one is never easy. An Upland wrongful death lawyer can help you navigate these challenging times.

At Belgum, Fry & Van Allen, our clients can expect aggressive representation to ensure due justice and compensation for such a significant loss. With years of experience in California personal injury and wrongful death laws, we are confident in our ability to advocate on your behalf while helping you understand the legal process ahead. Hire a wrongful death lawyer who can support you from beginning to end.

Understanding Wrongful Death Cases in California

Wrongful death occurs when the negligent, reckless, or intentionally harmful behavior of one party results in the death of another party. The deceased’s surviving family is allowed to file a wrongful death claim to correct the wrongdoing committed against their loved one. The defendants may include individuals, organizations, or groups, and multiple plaintiffs may be involved in the legal process.

Common Examples of Wrongful Death

Wrongful death cannot be attributed to a single factor or cause. The most common causes of wrongful death may include:

• Slip and fall accidents
• Pedestrian accidents
• Motor vehicle accidents
• Medical malpractice
• Workplace and construction accidents
• Intentional criminal acts
• Premise liability
• Defective products

According to the most recent CDC data, unintentional accidents are the third leading cause of death in the United States. This statistic further shows how frequent wrongful death cases can be. The complexity of these cases will depend on the parties involved, the facts leading to a death, and the legal criteria needed to sustain a wrongful death claim.

How to Prove a Wrongful Death Claim in California

To prove a wrongful death claim, the person(s) filing the claim must show a direct link or causation between the accident and the death of an individual. More specifically, they must prove the following legal elements:

• Duty of care: The defendant must be legally responsible for the deceased’s care. This duty can be contractual, such as doctor-patient relationships, or implied, such as the duty of drivers to follow traffic laws.
• Breach of duty: The defendant acted recklessly or negligently, which led to a failure to act accordingly. This may involve, for example, a failure to place a “wet floor” sign that the deceased could have seen before falling to their death.
• Causation: The plaintiff must prove that a breach of duty directly caused the death of a loved one. In other words, the deceased would not have died if not for the defendant’s conduct.
• Damages: The plaintiff must demonstrate that the death of their relative caused significant damage and harm. These damages may be observed through emotional distress, financial hardships, loss of income, and coverage of medical bills.

Possible Damages for Wrongful Death Cases in Upland

The plaintiff may be entitled to economic and non-economic damages. Economic damages typically include quantifiable losses, such as loss of earning capacity, wages, and hospital and burial expenses. Non-economic damages may include emotional and psychological harm. Punitive or compensatory damages are rarely awarded, but they are involved in cases where the defendant engaged in egregious behavior.

After establishing that a wrongful death has occurred, the party filing a claim may engage in settlement negotiations with the defense or take matters to court if needed. A person filing in Upland may submit the claim to the Civil Division of the San Bernardino District or Rancho Cucamonga District Courts. Generally, an individual has two years to submit a claim after the passing of a loved one, though some exceptions may apply.

FAQs

What Is the Average Settlement for Wrongful Death in Upland?

The average settlement for wrongful death cases is difficult to determine, as some cases may hold more liability than others. For instance, the damages awarded in a company-owned motor vehicle accident may be higher than those awarded in a regular car accident. Since wrongful death cases are severe, a plaintiff may be able to claim thousands or hundreds of thousands of dollars in compensation.

How Are Damage Awards Distributed in California?

Damage awards can be distributed in a variety of ways. Once an amount is approved through settlement negotiations or a court order, the plaintiff and other beneficiaries may receive the full payment amount or be paid in installments. Compensation is not always straightforward, and the plaintiff should establish and review a contract to ensure all parties are on the same page.

What Is the Likelihood of Winning a Wrongful Death Case in California?

The likelihood of winning a wrongful death case may depend on the strength of the evidence linking the accident to the death. Additionally, having aggressive representation during negotiations or court proceedings can help ensure your voice is heard. An individual should be prepared to gather as much evidence and support to build their case.

Should You Directly Approach Insurance Companies?

We do not recommend directly reaching out to insurance companies. They are often zealous during the filing stage because their main priority is to give out the least amount of money possible. When filing a wrongful death claim, it is important to remember that insurance companies may try to weaken or discredit the harm done to the surviving family. Insurance and payment conversations should happen with a representative present.

Hire a Wrongful Death Lawyer Today

At Belgum, Fry & Van Allen, we understand that wrongful death claims can be confusing and oversaturated with legal jargon. We are committed to assisting with the claim-filing process and leading conversations with insurance companies and the courts. We can offer insight about viable courses of action based on the outcomes of similar cases in the area. Contact us today to schedule a free consultation