What happens if the insurance company calls you first after a wrongful death in Claremont?
If you have lost a loved one due to someone else's wrongful act or neglect, the other party's insurance company may contact you. Their goal is often to limit their financial exposure, not to fully compensate your family for its loss. They might offer a quick settlement that does not reflect the true value of your claim.
You do not have to speak with them directly or accept any offer without understanding your rights. Any statements you make could be used to diminish your claim later.
How long do you have to file a wrongful death claim in Claremont, and what can you recover?
Most wrongful death claims in California must be filed within two years from the date of death (Cal. Code Civ. Proc. § 335.1). However, if a public entity like the City of Claremont or Los Angeles County is responsible, you must present a written claim to that entity within six months of the death (Cal. Gov. Code § 911.2). Missing these deadlines means you likely lose your right to pursue compensation.
California law allows eligible family members to recover for economic and non-economic losses. Economic damages include financial support the deceased would have provided, lost gifts and benefits, funeral and burial expenses, and the value of lost household services. Non-economic damages cover the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance from your loved one (Cal. Code Civ. Proc. § 377.61). The law does not allow recovery for your own grief or sorrow, nor for the deceased's pain and suffering if the action was filed on or after January 1, 2026 (Cal. Code Civ. Proc. § 377.34).
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act.
What kinds of wrongful death cases does Casa Legal Los Angeles handle in Claremont?
A wrongful death claim arises when someone dies due to another person's or entity's negligent, reckless, or intentional actions. This can happen in many situations. We assist families in Claremont with wrongful death claims stemming from vehicle collisions, pedestrian accidents, unsafe property conditions, or workplace incidents.
For example, if a loved one was killed in a car accident on a Claremont street due to a distracted driver, that could be a wrongful death claim. If a defective product caused a fatal injury, that could also lead to a claim. Our firm also handles other personal injury cases in Claremont, including slip and fall incidents and property damage claims.
Where does a wrongful death claim from Claremont get filed?
Most wrongful death cases originating in Claremont are filed in the Superior Court of California, County of Los Angeles. Specifically, cases for incidents in Claremont generally go to the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
Our firm handles personal injury and wrongful death cases throughout Los Angeles County, including in neighboring cities like Cerritos and Downey.
What should you do next after a wrongful death?
- Ensure safety: If you are at the scene, make sure everyone is safe and call 911 if needed.
- Gather information: Collect contact details for witnesses, take photos of the scene, and note down anything you remember about the incident. This information can be valuable.
- Retain records: Keep all documents related to the incident and your loved one's death, including medical records, police reports, and funeral expenses.
- Avoid speaking to insurers: Do not give recorded statements or sign any documents from the at-fault party's insurance company without legal counsel.
- Contact a wrongful death attorney: An attorney can help you understand your rights and the legal process. They can protect your interests while you focus on your family.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we take on the burden of the legal process. We gather evidence, interview witnesses, work with experts if necessary, and handle all communications with insurance companies. Our goal is to pursue the full compensation available under California law for your family's loss.
Our firm focuses exclusively on personal injury and employment law. We represent families in Claremont and other Los Angeles County communities like El Monte and Commerce.
Frequently Asked Questions
What is a wrongful death claim in California?
A wrongful death claim in California allows surviving family members to sue for damages when a loved one dies due to someone else's negligent or intentional act. The claim seeks to recover compensation for the losses suffered by the family, not for the decedent's estate, though certain damages may overlap.
Who can file a wrongful death lawsuit in Claremont?
In Claremont, as in the rest of California, specific individuals have standing to file a wrongful death lawsuit. This includes the surviving spouse, domestic partner, and children. If there are no immediate descendants, those entitled to the decedent's property by intestate succession may file. Others, such as dependent putative spouses, stepchildren, parents, and minors who lived in the household and depended on the decedent for at least half of their support, may also have standing (Cal. Code Civ. Proc. § 377.60).
Are there different deadlines for wrongful death claims against government entities?
Yes, claims against government entities in Claremont, such as the city or Los Angeles County, have a much shorter deadline. You must present a formal written claim to the public entity responsible within six months of the death (Cal. Gov. Code § 911.2). If this claim is rejected, you then have six months from the date of the rejection notice to file a lawsuit (Cal. Gov. Code § 945.6(a)(1)).
Can I recover damages for emotional distress in a wrongful death case?
California law allows recovery for non-economic damages in wrongful death cases, which include the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance. These are distinct from, but related to, emotional distress. However, you cannot recover for your own grief and sorrow over the death (Cal. Code Civ. Proc. § 377.61).
Losing a family member is devastating, especially when it results from another's negligence. Call Casa Legal Los Angeles at 888-585-2529 for a conversation about your family's rights. No attorney's fees unless we win — and no case costs either.