ClickCease San Bernardino Wrongful Death Attorney | West Coast Trial Lawyers

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San Bernardino has released several reports of people being killed in motor vehicle accidents. Product defects, car accidents, and hit-and-run collisions are the most common incidents resulting in death. Companies, pedestrians, and drivers are expected to obey California laws. If you have lost a loved one due to wrongful death, we extend our deepest condolences to you. 

If you are interested in filing a wrongful death claim against the individual at-fault, West Coast Trial Lawyers has San Bernardino wrongful death attorneys with extensive experience in handling personal injury cases. Our team has won over 5,000 cases and has obtained more than $1 billion in settlements and judgments for clients. Based on our notable achievements in the legal field, we have been acknowledged as one of the top personal injury law firms in

San Bernardino.

There are no financial risks involved in our services. You will not be charged with any fees until your case has been won or settled. To schedule a free, no-obligation consultation at our San Bernardino personal injury law firm, please contact us by calling (909) 787-2178 or emailing [email protected] Our legal team is always available to help you with your needs.

Who Can Legally Sue For Wrongful Death?

For legal representation, California’s Code of Civil Procedure 377.60 may allow a deceased victim’s immediate family, distant family or significant other to file a lawsuit against the individual at-fault. 

Here is a thorough explanation of who may be eligible in each of these categories.

  1.  Immediate family members. A spouse, children, adopted children, and parents who have children but are not married. They are granted the authority to acquire compensation for damages resulting from a wrongful death action. 
  2. Spouse. This includes domestic or life partners that financially relied on the deceased victim. They will be offered compensation for recovery purposes. 
  3. Distant family members. This includes relatives and grandparents.
  4. Parents of the deceased fetus. If medical negligence played a factor in the fetus passing away, the parents may file a wrongful death lawsuit. 
  5. An individual who is financially suffering due to the victim’s death. This affects those who were financially impacted by the wrongful death. These individuals may have endured lost support or care after the victim’s passing. To legally file a wrongful death lawsuit, these individuals must be related to the deceased victim by blood or marriage. 
Who To Sue For Wrongful Death

The party at fault for causing a fatal accident will face consequences for the collision. 

Examples include:

  • A driver who is at-fault for causing a motor vehicle accident that killed the other party involved.
  • Government agencies not putting warning signs up to notify drivers of road hazards.
  • A manufacturer who is at-fault for releasing a defective product to the public while being aware of its issues.  Anyone who has this product may face serious injuries or even death. 
  • A road construction worker who is at-fault for constructing a faulty roadway. Drivers may be unaware of the dangers lying ahead and get themselves into a fatal collision. 
Damages

Damages will be distributed based on the type of loss the individual is suffering from. This may be compensated to:

  • Surviving family
    • Loss of community.
    • Loss of guidance.
    • Loss of love.
    • Loss of attention.
    • Loss of financial support.
    • The value of service the deceased victim had provided. 
When You Should File A Lawsuit

In California, you are given a two year time period to file a wrongful death lawsuit. This will begin on the initial date of the incident. If you exceed the statute of limitations, then you will lose your rights to file a claim. 

How Do You Prove A Wrongful Death?

Once the plaintiff has filed a wrongful death lawsuit against the defendant, they must gather evidence to show as proof of the defendant being at-fault for the victim’s death. The judge will determine who will be awarded damages. 

Here are some important factors to consider during this process:

  • Duty of care. The plaintiff is expected to show proof of the defendant owing a duty of care to the deceased victim. For example, the defendant was disobeying road rules, such as speeding while under the influence of alcohol. 
  • Breached duty of care. The plaintiff must show proof of the defendant breaching their duty of care. To continue the example stated before, the defendant was operating their vehicle while intoxicated with alcohol. They drove under the red light and crashed into the victim’s vehicle. 
  • Causation. The plaintiff is required to show proof of the defendant exhibiting negligent intentions prior to the event taking place.
Burden of Proof 

The plaintiff is required to provide convincing evidence to the jury. By doing so, it could leave a persuasive impact on the jury. This may result in the allegations against the defendant becoming more true than not true. If the plaintiff is unable to exhibit important evidence against the defendant, then the defendant will most likely win the settlement. Even though the defendant is not required to prove anything during the trial, they could still use affirmative defense. This will cause a reverse effect between the plaintiff and the defendant. The defendant may be required to prove that the defense should be applied.

Contact Us

If your loved one was a victim of wrongful death due to another individual’s negligent acts, West Coast Trial Lawyers has San Bernardino wrongful death attorneys that have extensive experience in handling cases relating to personal injury. Our attorneys will help you recover financial and emotional compensation for the losses you have suffered on behalf of your loved one. We offer a free consultation at our San Bernardino personal injury law firm. Contact us by calling (909) 787-2178 or emailing [email protected]

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If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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