❓ Frequently Asked Questions About Wrongful Death in Pomona

Who can file a wrongful death claim in Pomona?

Under California law, the right to file a wrongful death lawsuit typically belongs to the surviving spouse, domestic partner, children, or, in some cases, other heirs such as parents or stepchildren who were financially dependent on the decedent. Multiple family members may have a right to join the claim.

What is the time limit to file a wrongful death lawsuit in Pomona?

In most cases, a wrongful death lawsuit in California must be filed within two years of the date of death. However, if the death was caused by a government entity or medical malpractice, different deadlines and notice requirements may apply. It’s important to consult an attorney promptly to preserve your rights.

How is wrongful death different from a survival action?

A wrongful death claim seeks compensation for the surviving family’s losses, such as financial support and companionship. A survival action, by contrast, seeks damages the decedent could have claimed if they had survived—such as pain and suffering before death or medical expenses. Both actions may be pursued in the same case.

What types of damages are available in a Pomona wrongful death case?

Damages may include funeral and burial expenses, lost income and benefits the decedent would have provided, and compensation for the loss of love, companionship, and guidance. California also allows for non-economic damages, though the total recovery may be capped in certain cases, such as those involving medical malpractice.

How much does it cost to hire a Pomona wrongful death attorney?

At The Majlessi Law Firm, we handle wrongful death cases on a contingency fee basis. That means you pay nothing unless we win your case. We cover all litigation costs up front and only collect fees if we recover compensation on your behalf.

Do I need to prove negligence to win a wrongful death lawsuit?

Yes. To prevail in a wrongful death claim, you must prove that the defendant’s negligence or wrongful conduct caused the death. This typically requires demonstrating a duty of care, a breach of that duty, causation, and resulting damages. Our legal team investigates thoroughly to build a strong case on your behalf.

Can I still file a wrongful death claim if the decedent was partially at fault?

Yes. California follows the rule of comparative negligence. If the decedent was partially responsible for the incident, any compensation awarded may be reduced proportionally. For example, if they were found to be 20% at fault, damages may be reduced by 20%.