If your loved one's death was a result of negligence or misconduct, you are entitled to compensation and you deserve justice. Losing a loved one is hard enough and overwhelming. Hiring us will allow you to focus your energy on the healing process.
California’s wrongful death statute is codified in the California Code of Civil Procedure § 377.60. Pursuant to this statute, certain individuals may be entitled to bring a wrongful death lawsuit against a person whose wrongful act or neglect caused their loved one’s death.
Individuals who may bring a wrongful death lawsuit in California include the decedent’s:
If none of the above parties are living, a claim can be brought according to intestate succession. A personal representative of the decedent’s estate may also bring a wrongful death lawsuit on behalf of any of the aforementioned parties.
According to the California Code of Civil Procedure § 335.1, a person must bring a lawsuit based on wrongful death within two years of the decedent’s death to be valid. If you do not file a lawsuit within this statute of limitations, your claim for damages may be denied.
While sometimes used interchangeably, survival actions and wrongful death lawsuits are two different types of cases under California law. Pursuant to California Code of Civil Procedure § 377.30, a survival action allows a person to be compensated for any accident-related losses incurred prior to death.
A wrongful death lawsuit is designed to compensate a person’s loved one for the financial hardship created by their loss and for the expenses incurred from their death, including funeral and burial expenses. Survival actions and wrongful death actions are frequently brought together.
The two claims are compensated differently, and that difference often explains why a family needs to file both. A survival action lets you recover not only medical bills and lost income but also the pain your loved one endured between the injury and their death. A wrongful death claim covers what happened after that point: funeral and burial expenses, the financial support your loved one would have provided, and the loss of their guidance and care. Filing both together often closes the gap between a settlement that covers your losses and one that doesn't.
Wrongful death claims can arise from almost any situation involving negligence or misconduct. We've represented Southern California families whose loved ones died in car accidents, commercial trucking collisions, falls caused by poorly maintained property, and cases where a medical provider failed to meet a basic standard of care. A death changes what the law allows your family to pursue and who's allowed to pursue it, even when the underlying incident looks like a routine personal injury case.
Tim Pollard started this firm because of an injury, not a textbook. He was 11 years old when he was badly injured, enough to understand what a family goes through, financially and emotionally, when facing something like this without someone in their corner.
That's why The Pollard Firm, APC operates differently from most firms. No stuffy conference rooms, no jargon you have to decode on your own; just personal injury lawyers and a bilingual staff who will sit down with you, in English or Spanish, and explain exactly what's happening in your case.
If you're looking for a wrongful death attorney near Diamond Bar, CA, our office is nearby and ready to talk whenever your family is ready.
The personal representative of your loved one's estate brings a survival action. A wrongful death claim is brought directly by the family members entitled to file under California law. They're separate claims that often move forward together, which is why families usually need help pursuing both at once.
Sometimes. If the cause of death wasn't immediately clear, such as in a delayed medical diagnosis, the clock may not start until the connection between the negligence and the death was discovered. These exceptions are narrow and fact-specific, so it's worth having a wrongful death lawyer review your timeline before you assume you've missed your window.
It can. Insurance policy limits sometimes cap what's available through a claim, though your family may still have other avenues for compensation depending on who else was responsible and what coverage applies. This is one of the first things we look into when a family comes to us after a death caused by negligence or misconduct.
Early offers are usually calculated before anyone has looked closely at your family's long-term loss. Wrongful death lawyers will account for future financial support and other losses an insurance adjuster typically leaves out, so it's worth having your offer reviewed before you accept anything.
"Tim really went to bat for me. He was persistent in negotiations with my best interests in mind. David Holland"
"Mr. Pollard is very knowledgeable and always willing to listen to your concerns and address them. Staff were friendly and I had a great outcome on the case."
"I am a repeat client of the Pollard Firm. Mr. Pollard and his legal team are very knowledgeable and aggressive in representing and fighting for you! Great results with a law firm you can trust."
It's not hard to find lawyers who care about their clients. What’s rarer is to find a team with the depth of knowledge and the legal experience to seek meaningful results. At The Pollard Firm, APC, we strive to be that team that honors where you come from, who you are today, and where you're headed tomorrow.
