You lost someone. The grief is real, and so is the pressure building around you. The insurer for the at-fault party has already assigned an adjuster to your family’s case. That adjuster’s job is to pay as little as possible, as fast as possible, before you know what you are actually owed.
Pérez Law, PC is a family-founded personal injury and wrongful death law firm. Our lead attorney, Ricardo Antonio Pérez (Active), spent nearly a decade as a licensed private investigator and insurance claims adjuster before becoming a lawyer. He knows exactly how carriers build their defense because he worked inside that system.
Over 27 years, our personal injury lawyers have recovered millions for Pomona families in wrongful death and survival action claims, including a $2,600,000 recovery for a family that called our office before accepting an insurer’s quick settlement offer.
You pay nothing unless we win.
Call (909) 622-1071 any time for a free, confidential case evaluation. Our Pomona office is located at 522 West Holt Avenue, Pomona, CA 91768.
FEATURED CASE:
INSURER OFFERED A QUICK SETTLEMENT BEFORE THE FAMILY RETAINED COUNSEL. THE FAMILY CALLED US FIRST. $2,600,000 RECOVERED.
Three weeks after losing a family member to serious injuries, the surviving family received a settlement offer from the at-fault carrier. It covered funeral costs, some medical expenses, and a modest lump sum. The family called Pérez Law, PC before accepting anything.
Attorney Ricardo Antonio Pérez immediately identified that the carrier had treated this as a simple personal injury claim. It had not accounted for the survival action under CCP Section 377.30 for pre-death economic losses, the full loss-of-support calculation over the deceased’s remaining work life, or the non-economic damages for surviving minor children’s loss of parental guidance and companionship, all recoverable under the wrongful death claim. The firm built the complete dual-claim package, retained an economist to project lifetime support damages, and structured a demand that reflected what California law actually allows.
Result: $2,600,000 recovered for the surviving family.
Past results do not guarantee future outcomes. Every case is different.
What Qualifies as a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit filed by surviving family members when a person’s death results from the negligence, recklessness, or intentional wrongful act of another person or organization. The legal basis in California is CCP Section 377.60.
To succeed, your attorney must prove four elements:
- The defendant owed your loved one a duty of care
- The defendant breached that duty through their actions or inactions
- The breach directly caused the death
- Your family suffered measurable losses as a result
What Should You Do Immediately After a Wrongful Death?
When you lose someone, evidence starts disappearing immediately. Witnesses forget details, surveillance footage gets overwritten, and the at-fault party’s insurer begins building its defense file against your family from day one. Here is what you need to do right away.
Step 1: Secure All Official Documentation
Request the police or accident report from the Pomona Police Department. For coroner reports, contact the Los Angeles County Department of Medical Examiner. Obtain certified copies of the death certificate from the Los Angeles County Registrar-Recorder. Request your loved one’s complete medical records from every treating provider, including Pomona Valley Hospital Medical Center (PVHMC), 1798 N Garey Ave, Pomona.
Step 2: Preserve All Physical Evidence
Do not repair, sell, or dispose of any vehicle, equipment, medical device, or product involved in the incident. Do not clean or dispose of clothing or personal items your loved one wore during the incident. If the death occurred on commercial property, send a written preservation demand to the property owner immediately.
Step 3: Document the Scene and Witnesses
Photograph the location where the incident occurred. Write down the names, phone numbers, and statements of every witness while your memory is still fresh.
Step 4: Do Not Speak With the At-Fault Party’s Insurance Company
Do not provide recorded statements or discuss the incident without our attorneys present. Anything you say to an adjuster can be used to reduce your family’s recovery.
Step 5: Document Your Financial and Emotional Losses
Keep receipts for funeral, medical, and grief counseling expenses. Track the income your family has lost. Keep a journal recording how the death has affected your daily life and relationships.
Step 6: Contact an Attorney Immediately
Your family has two years from the date of death to file under CCP Section 335.1. If a government entity was involved, that deadline drops to six months under Government Code Section 911.2.
Call us at (909) 622-1071 for a free case evaluation.
Common Causes of Wrongful Death in Pomona
The I-10 freeway, State Route 71, and State Route 57 all converge in and around Pomona. Our personal injury lawyers handle wrongful death claims arising from every major cause.
- Car Accidents: Crashes caused by negligent, impaired, or reckless drivers on Pomona’s streets and freeways
- Commercial Truck Crashes: Collisions involving 80,000-pound semi-trucks, including cases involving FMCSA regulatory violations
- Motorcycle Fatalities: Fatal crashes where rider bias issues can complicate negotiations
- Fatal Falls: Deaths resulting from unsafe property conditions
- Traumatic Brain Injuries: Injuries that cause death immediately or weeks after the initial trauma
- Workplace and Construction Accidents: Fatal injuries on job sites where a third party other than the employer contributed to the death
- Medical Malpractice Deaths: Deaths caused by a healthcare provider’s failure to meet the standard of care
- Dangerous Products: Fatal injuries caused by defective or unsafe products
- Violent Acts: Deaths where a third party’s negligence contributed to the harm
Who Can File a Wrongful Death Claim in Pomona?
Under California law, the following family members have legal standing to file a wrongful death claim:
- Surviving spouse at the time of death
- Registered domestic partner under California law
- Surviving children, including adult and minor children
- Putative spouse, a person with a good-faith belief in the validity of their marriage to the deceased
- Children of a putative spouse
- Stepchildren who were financially dependent on the deceased at the time of death
- Dependent minors in the household who were financially dependent on the deceased, even if not related by blood
- Parents and siblings, if no surviving spouse, domestic partner, or children exist
Where a surviving spouse or domestic partner exists, they generally lead the claim. Multiple eligible claimants can pursue the claim jointly. Our attorneys identify every eligible family member at the outset of your case to make sure no one is excluded.
What Damages Can Your Family Recover?
California Code of Civil Procedure Section 377.61 governs the damages available in a wrongful death claim, divided into economic and non-economic losses.
Economic Damages
- Loss of financial support: The income your loved one would have provided over their expected working lifetime
- Loss of household services: The value of childcare, cooking, cleaning, and home maintenance they performed
- Medical expenses before death: Hospital bills from the time of injury through death, recovered through the estate’s survival action under CCP 377.30
- Funeral and burial expenses: The direct costs of burial and funeral services
- Loss of anticipated gifts and benefits: Inheritances and financial support the deceased would have provided
For example, a working parent contributing income and household services over a remaining work life can represent millions in economic losses before non-economic damages are calculated. Where the case warrants it, your attorney may retain economic experts to document these figures.
Non-Economic Damages
- Loss of love and affection: The daily presence and emotional bond of your loved one
- Loss of companionship: The absence of a partner, parent, or child central to your life
- Loss of moral support and guidance: Particularly significant when minor children lose a parent
- Loss of protection and care: The nurturing and safety a parent provided
- Grief counseling costs: Professional mental health support for surviving family members
Non-economic damages for minor children who lose a parent are among the most significant components of a California wrongful death recovery.
What Deadlines and Fault Rules Apply to Your Pomona Wrongful Death Claim?
California wrongful death claims operate under strict legal deadlines and fault rules that directly affect how much your family can recover. Missing any one of them can bar your family’s claim entirely.
The Standard Deadline
California Code of Civil Procedure Section 335.1 gives your family two years from the date of death to file a wrongful death claim. The clock starts on the date of death, not the date of the accident. If your loved one survived the initial injury and died days or weeks later, the two-year period runs from the date of death.
Do not wait. Evidence collection, witness identification, and medical expert review all take time. Families who wait until the final months often find that critical evidence no longer exists.
The Exception: 6 Months If a Government Entity Was Involved
If your loved one’s death was caused by a California government entity, including a city bus, a county vehicle, a government employee acting in the course of their duties, or a dangerous condition on public property, California Government Code Section 911.2 requires a government tort claim filed within 6 months of the date of death. Missing it cannot be undone.
If a Pomona city vehicle, a Los Angeles County vehicle, a California state agency employee, or a dangerous condition on a public road was involved, call our office at (909) 622-1071 immediately.
Shared Fault Does Not Bar Your Recovery
California follows pure comparative negligence as established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, grounded in Civil Code Section 1714. Your family can still recover damages even if your loved one was partly responsible for the accident. Your recovery is reduced by their percentage of fault, not eliminated.
For example, your loved one was found 25% at fault for a collision because they were slightly speeding when a negligent driver ran a red light. Your family’s total proven damages are $2,000,000. Comparative negligence reduces the recovery by 25%, resulting in a $1,500,000 recovery.
Our attorneys build an evidence record that places responsibility where it belongs and counters any attempt to inflate your loved one’s share of fault.
Wrongful Death vs. Survival Action: Two Separate Claims That Can Exist at the Same Time
Most families who call our office know they have a wrongful death claim. Fewer know about the survival action. That gap costs them money. California law allows both claims to arise from the same death and be filed at the same time.
- Wrongful Death Claim (CCP Section 377.60): Your family files this claim to recover your own losses: the financial support your loved one would have provided, the value of household services they performed, and the loss of their love, guidance, companionship, and moral support.
- Survival Action (CCP Section 377.30): The deceased person’s estate files this claim to recover economic losses incurred before death, including medical expenses from the time of injury through death and lost earnings during that period.
For example, a family member is struck by a negligent driver, spends two days in the hospital, and dies from the injuries. Your family files a wrongful death claim for the loss of support and companionship going forward. The estate files a survival action for the medical bills and lost earnings from the two days before death. Both run at the same time.
If both claims apply to your family’s case, our attorneys will identify and file them.
Why Choose Pérez Law, PC for Your Pomona Wrongful Death Case?
Choosing the right wrongful death attorney directly affects what your family recovers. Pérez Law, PC has represented Pomona families in wrongful death and personal injury claims for over 27 years.
- Proven Experience: Our attorneys have recovered millions for Pomona families across California.
- We Know How Insurers Think: Our lead attorney, Ricardo Antonio Pérez, spent nearly a decade as a licensed private investigator and insurance claims adjuster before becoming a lawyer in 1998. He knows how carriers evaluate and undervalue fatal injury claims.
- Trial-Ready Preparation: Our lawyers builds cases prepared for trial so your family is never pressured into accepting an undervalued settlement.
- No Fee, No Upfront Costs: You pay nothing to start your case or during the investigation. Our firm advances all costs, including expert witnesses, medical records, and accident reconstruction. We only get paid when we recover compensation for your family.
- Bilingual Support: Our attorneys and staff speak Spanish and provide full representation in both English and Spanish at every stage of your case.
- Available 24/7: You can reach our office any time, day or night
Se Habla Español Llámenos al (909) 622-1071. Ofrecemos evaluaciones de casos gratuitas en español para familias en Pomona y el Valle de Pomona. No hay costo inicial y no cobraremos honorarios de abogado a menos que recuperemos compensación para su familia. |
Frequently Asked Questions About Wrongful Death in Pomona
What Is the Difference Between a Wrongful Death Claim and a Criminal Case?
A wrongful death claim is a civil lawsuit filed by surviving family members to obtain financial compensation. A criminal case is brought by the government to punish a defendant with fines or imprisonment. The two proceedings are completely separate. A wrongful death civil case can proceed and be won even if the defendant is acquitted in criminal court or no criminal charges are filed.
Can I File a Wrongful Death Claim If the Defendant Has Limited Assets or No Insurance?
Yes. Our attorneys investigate all sources of liability and insurance coverage at the outset of your case. In vehicle accident cases, uninsured and underinsured motorist coverage on your own policy may apply under California Insurance Code Section 11580.2. In truck accident cases, commercial carriers are required to carry minimum liability insurance under federal FMCSA regulations at 49 CFR Part 387.
What If My Family Member Died in a Workplace Accident?
A work-related wrongful death may involve a workers’ compensation death claim, a civil wrongful death claim against a third party, or both. If a third party other than the employer or a co-worker caused or contributed to the workplace death, a separate civil wrongful death claim can proceed alongside a workers’ compensation claim.
What If Multiple Family Members Want to File a Wrongful Death Claim?
California law requires all eligible heirs to be included in a single wrongful death action under CCP Section 377.60. If multiple eligible family members exist, they share in any recovery as determined by the court.
What Should We Do If the Insurance Company Offers a Quick Settlement?
Don’t accept anything before talking to an attorney. Insurers move fast after a death, their first offer is designed to close your claim before you know what it’s actually worth. A family in that exact situation called our office before signing. They recovered $2,600,000.
Contact Our Pomona Wrongful Death Lawyers for a Free Case Evaluation
Your family has the legal right to pursue accountability and compensation under California law. Our attorneys are ready to evaluate your case, answer your questions, and take action immediately.
Call (909) 622-1071 or toll-free (877) 622-5888 any time, day or night. Our Pomona office is located at 522 West Holt Avenue, Pomona, CA 91768. We serve families throughout Los Angeles County and the I-10 corridor.
Start a free case evaluation today.
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Trusted Injury Lawyers. Decades of Experience. Millions Recovered.
Past results do not guarantee future outcomes. Every case is different.