Both claims filed simultaneously — wrongful death AND survival action. DUI fatalities: Civil Code §3294 punitive damages. I-10, I-15, warehouse district fatal crashes. North Fontana, Southridge, Rosena Ranch. Mark "The Shark" Gonzales — $100M+ recovered.
When a loved one dies in a Fontana car accident, truck crash, or DUI collision, California law provides two separate legal paths that must be filed simultaneously to maximize recovery: (1) a wrongful death claim under CCP §377.60 — brought by the surviving heirs for their losses; and (2) a survival action under §377.30 — brought by the estate for what the deceased would have recovered. Gonzales Law Offices files both on the same day. In DUI fatality cases, we also seek punitive damages under Civil Code §3294. Free 24/7: 909-587-6336. No fee unless we win.
Fontana car accident lawyer — Mark "The Shark" Gonzales, Esq. | CA Bar #249340 | 909-587-6336
Filed by the surviving spouse, children, or other qualifying heirs. Recovers: loss of financial support and income the deceased would have provided, loss of companionship and society (emotional losses), loss of household services, and funeral and burial expenses. This claim belongs to the family — not the estate.
Filed by the estate administrator or personal representative. Recovers: the deceased's pain and suffering between the crash and death, lost earnings from injury to death, medical bills incurred before death, and property damage. This claim is filed simultaneously with the wrongful death claim — they are separate and additive.
California Civil Code §3294 allows punitive damages when the defendant acted with malice, oppression, or fraud. Drunk driving is routinely found to meet this standard. A jury may award punitive damages in an amount far exceeding compensatory damages — intended to punish the defendant and deter future conduct. We pursue §3294 in every DUI fatality case.
Under CCP §377.60 — priority order
First priority. Includes putative spouses (good faith belief in valid marriage) under CCP §377.60(b).
Biological, adopted, and children conceived but not yet born at time of death. Children of a deceased child may also qualify.
If a child of the deceased is also deceased, that child's children (grandchildren of the deceased) may file.
If no spouse or children exist — parents and then siblings may file under intestate succession rules.
Any person who was financially dependent on the deceased — even without a family relationship — may qualify under CCP §377.60(c).
If a government entity contributed to the fatal crash — Caltrans (road defect), City of Fontana (signal failure), San Bernardino County (inadequate signage) — you must file a government tort claim within 6 months of the date of death under Government Code §911.2. Missing this deadline bars your claim against the government — permanently. Gonzales Law Offices files government tort claims immediately upon retention. Call 909-587-6336 — do not wait.
Family of father killed by overloaded drayage truck at I-10/Cherry Ave. CCP §377.60 + §377.30 filed simultaneously. FMCSA violations established. Carrier + shipper + port broker held jointly liable.
Spouse and two children of DUI victim. §3294 punitive damages pursued — defendant's prior DUI conviction used as evidence of malice. Punitive award doubled compensatory recovery.
Survival action + wrongful death for family of motorcycle fatality. Government tort claim against Caltrans filed at month 4. Road defect (insufficient merge warning) established through expert analysis.
Gonzales Law Offices — Mark "The Shark" Gonzales, Esq. (CA Bar #249340). CCP §377.60 + §377.30 filed simultaneously. I-10, I-15, warehouse district, DUI fatalities. Free 24/7: 909-587-6336.
§377.60 (wrongful death) is the heirs' claim for their own losses — support, companionship, burial costs. §377.30 (survival action) is the estate's claim for what the deceased would have recovered — pain/suffering before death, lost earnings, medical bills. We file both simultaneously.
Yes. California Civil Code §3294 allows punitive damages when the defendant acted with malice. Drunk driving meets this standard — a jury may award punitive damages far exceeding compensatory amounts. We pursue §3294 in every DUI fatality case.
Two years under CCP §335.1. If a government entity contributed, only 6 months under Government Code §911.2. Call immediately — evidence and government deadlines disappear fast.
Loss of financial support, loss of companionship and society, burial expenses (§377.60 heirs' claim) PLUS deceased's pre-death pain/suffering, lost earnings, medical bills (§377.30 estate's claim). DUI cases also allow punitive damages under §3294.
Yes. Cherry Ave, Slover Ave, Jurupa Ave fatal crashes — we pursue the carrier, shipper, fleet owner, and broker simultaneously. FMCSA violations strengthen both liability and damages. Call 909-587-6336.
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