As you deal with the loss of a loved one due to someone else’s negligence, it’s important to understand your legal rights and options. Our Pomona wrongful death lawyers at Omega Law Group Accident & Injury Attorneys are committed to helping you seek justice and closure.
You may have questions about who can file a lawsuit, what types of evidence are needed, and how to prove negligence or reckless behavior. Our Pomona personal injury lawyer can help you recover the compensation you need for your loved one’s death.
Who Can File a Wrongful Death Lawsuit in Pomona?
You may be wondering who can file a lawsuit on behalf of your loved one. The following parties can file a claim:
Immediate Family Members
If someone else’s negligence or wrongdoing caused a loved one’s death, immediate family members may be eligible to file a wrongful death lawsuit. As you go through the overwhelming family grief and emotions, it’s important to understand your survivor rights.
Immediate family members typically include spouses, domestic partners, and parents of the deceased. If you’re an immediate family member, you may be able to hold the responsible party accountable for their actions.
Consult with a Pomona wrongful death lawyer to discuss your options and determine the best course of action for your situation.
Dependent Family Members
Beyond immediate family, dependent family members may also have a valid claim for wrongful death damages. If you were financially dependent on the deceased, you may be eligible for compensation. This can include dependent support, such as financial assistance, healthcare, or education expenses.
Dependent family members may have a claim for wrongful death damages if they can demonstrate:
- They relied on the deceased for financial support.
- They had a close family dynamic with the deceased.
- They suffered financial losses as a result of the deceased’s passing.
It’s important to consult with a wrongful death lawyer to determine if you have a valid claim and to increase the chances you receive the compensation you need.
Estate Representatives
In the aftermath of a loved one’s passing, determining who can file a lawsuit on their behalf is important. As the survivor, you’ll need to identify the representative responsible for handling estate responsibilities.
In California, this person is usually the executor or personal representative of the deceased person’s estate. They’re responsible for securing legal representation to pursue a wrongful death claim.
Types of Damages Our Pomona Wrongful Death Lawyer Can Recover
When you file a wrongful death lawsuit, you may be eligible to receive various types of compensation.
Economic Damages
You may be eligible for compensation for economic damages, which is an important aspect of wrongful death cases. This type of compensation is specifically designed to address the financial impact of the deceased’s passing on their loved ones. When determining compensation factors, we consider the following:
- Lost income: The deceased’s potential earnings had they lived, including future promotions and raises.
- Funeral expenses: The financial burden of laying the deceased to rest.
- Medical bills: Any outstanding medical expenses incurred before the individual’s passing.
Pain and Suffering
Grief’s heavy burden settles upon the shoulders of those left behind, as the pain of loss becomes a constant presence. You’re not just mourning the loss of a loved one, but also dealing with the emotional trauma that follows.
The pain and suffering you experience can be overwhelming, making it difficult to focus on your grief recovery. In a wrongful death case, you may be entitled to compensation for your pain and suffering. This type of damage is meant to acknowledge the emotional distress you’ve endured and provide financial support to help you cope with your loss.
Punitive Damage Awards
Punitive damages serve as a powerful deterrent, holding those accountable who have acted with reckless disregard for human life. As a victim’s family, you’re entitled to seek punitive damages in a wrongful death lawsuit. These damages aren’t meant to compensate you for losses, but to punish the defendant for their egregious actions.
Punitive damages are awarded based on legal standards that vary by state. Typically, the court will consider the following factors:
- The defendant‘s degree of recklessness: How flagrant was the defendant’s disregard for human life?
- The defendant‘s financial situation: Can the defendant afford to pay a significant amount in punitive damages?
- The need to deter similar behavior: Would a large punitive damages award effectively prevent others from engaging in similar conduct?
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in Pomona are here to help.
(310) 526-8383 The Importance of Gathering Evidence for Your Wrongful Death Claim in Pomona
As the clock starts ticking, it becomes important to collect and preserve evidence that supports your wrongful death claim. You’ll need to gather documents, records, and witness statements that corroborate your version of events.
This evidence collection process can be difficult, but it’s important for building a strong case. You’ll need to obtain legal documentation, such as autopsy reports, police reports, and medical records. Additionally, you’ll need to collect witness statements, photographs, and any other relevant evidence.
It’s important to keep all evidence organized and secure to prevent loss or tampering. A Pomona wrongful death lawyer can guide you through this process, helping you to guarantee that all necessary evidence is collected and preserved, and you’ll be well on your way to building a solid case.
Proving Negligence or Reckless Behavior
To prevail in a wrongful death claim, you must demonstrate that the defendant’s actions or inactions led to your loved one’s death. This requires proving that the defendant’s conduct fell below the acceptable negligence standards or that they engaged in reckless behavior.
You must show that the defendant’s actions, or lack thereof, directly contributed to your loved one’s death. To establish negligence or reckless behavior, you should focus on the following aspects:
- Breach of duty: Did the defendant owe a duty of care to your loved one, and did they fail to uphold that duty?
- Causation: Is there a direct link between the defendant’s actions and your loved one’s death?
- Damages: Did your loved one’s death result in quantifiable damages, such as funeral expenses, lost income, or emotional distress?
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in Pomona are here to help.
(310) 526-8383 Contact Our Pomona Wrongful Death Lawyer
A Pomona wrongful death lawyer will guide you through the legal process, increasing the chances that you receive the damages you need. At Omega Law Group, we understand that you’re going through a difficult time, and we’re committed to fighting for your rights and securing the compensation you need to start rebuilding your life.
Contact us today for a free consultation.
