
San Bernardino Wrongful Death Lawyer
An untimely death leaves a long lasting effect on the surviving spouse and family members’ lives. It is a hard time because they have lost someone who was near and dear to them and San Bernardino as a city is no stranger to fatal accidents. From car accidents to bicycle accidents, there are a number of fatal accidents that could occur and leave the surviving family members several unforeseen problems in the wake of an untimely death.
Although compensation does not remove the grief of losing someone, your surviving family is entitled to be financially compensated to cover unexpected damages and expenses such as funeral expenses and left over medical expenses. As such, if a wrongful death occurs in your family and would like to file a claim to pursue justice and compensation, it is important that you find a wrongful death lawyer who can handle your case effectively and with respect.
At West Coast Trial Lawyers, our San Bernardino wrongful death attorneys are committed to fight for your justice. As a loved one’s death is an extremely painful thing for a person to go through, our wrongful death lawyers will handle your case with the care and integrity it deserves. While there is no amount of money that can ever replace a human life, a wrongful death attorney can help you get compensation to help cover economic and non-economic damages.
We have recovered over $1.7 billion in compensation for our clients and our dedicated team of wrongful death lawyers are available 24/7 to answer any legal questions or concerns you may have. With over 20 years of legal experience in handling wrongful death cases, our attorneys are confident that they can get you the financial compensation you deserve for your losses.
We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.
What Are the Different Types of Wrongful Death Claims?
According to the Center of Disease Control, they discovered that accidental deaths are one of the top 10 leading causes of deaths in California in a 2017 State Stats report. This is due to many different types of deaths being categorized as accidental and, as a result, it stands as the only non-health related cause of death in California.
As such, if a person dies in any of the following accidents, it is important for the surviving family members to file a claim as soon as possible and understand the differences between the types of cases, because there are a number of unique obstacles that may prevent you from obtaining justice and financial compensation for your damages.
- Car Accidents
- Bike Accidents
- Pedestrian Accidents
- Medical Malpractice
- Intentional Death
Who Can Legally Sue for Wrongful Death?
According to California’s Code of Civil Procedure 377.60, a deceased victim’s immediate family, distant family, or significant other can file a lawsuit against the at-fault individual or negligent party. However, in certain cases, an assigned beneficiary may file a claim for the deceased person if no immediate family or spouse is available to do so.
However, it is important to note that for those cases, beneficiaries would need to prove that they had a significant relationship to the deceased victim. So it is important to discuss the details of your case with either a law firm or an experienced personal injury attorney to see if you can bring a case forward for the deceased.
Available Damages in a Wrongful Death Lawsuit
Damages in a wrongful death claim will be determined and distributed based on the type of loss and the nature of the accident. With that in mind, there are a number of economic and non-economic damages that can be recovered in a wrongful death claim, however, in some of the most complex or severe claims, punitive damages may be available to set a future precedent for those who may be found liable. So if you are filing for a wrongful death claim and are unsure what kind of damages you can recover, it is recommended to consult with a personal injury attorney. However, these are the most common types of damages that can be recovered.
- Medical Expenses
- Lost Wages
- Emotional Distress
- Property Damages
- Pain and Suffering
- Loss of Companionship
- Loss of Earning Capacity
Who Is Liable for a Wrongful Death
You must determine who the at-fault party is in order to file a personal injury claim. However, prior to filing a claim, you should speak to an experienced wrongful death attorney to see if your case has any valid standing. If the attorney gives you the green light, then you may begin collecting evidence and important documentation that will help support your claim.
Once you have gathered your proof, your attorney will look at your findings and help you build up your case. They will also negotiate with insurance companies to get you the maximum compensation and justice you and your family deserve.
Proving a Wrongful Death Claim
When it comes to proving a loved one’s death, there are several important factors that are needed in order to prove that a person’s death was due to someone else’s negligence. For instance, a successful wrongful death claim needs to prove that there is a duty of care between the two parties and a breach of that duty that has resulted in an unfortunate death.
Medical malpractice is a highly contested example of a wrongful death claim that requires an extensive amount of proof, because it requires evidence that the medical professional did not fulfill their duty to the best of their ability to aid their patient. For more negligent based cases such as auto accidents, there needs to be evidence that the one who caused the accident did not follow traffic rules and protocols and was reckless in their behavior and decision making. If you need help to collect evidence for your case, it is recommended to seek legal representation.
West Coast Trial Lawyers Is Here to Help
If your loved one was a victim of a wrongful death due to a negligent party, you may be eligible for financial and emotional compensation to recover damages. Filing a wrongful death claim can be an emotionally taxing experience, especially if you are unfamiliar with how the legal process works. Which is why it is absolutely vital that you find a San Bernardino wrongful death lawyer who will fight for the deceased individual and for the surviving family members.
At West Coast Trial Lawyers, our experienced team of attorneys have successfully handled wrongful death claims and will do everything in their power to ensure our clients that the responsible party will be held responsible for their actions. With over 20 years of legal experience, our team of attorneys are well versed in the San Bernardino courts and are confident that they can bring the justice you deserve for your losses.
We have recovered over $1.7 billion in financial compensation for our deserving clients and we will continue to do our duty to help you recover financial and emotional compensation for the losses you have suffered on behalf of your loved one. No matter what kind of wrongful death claim you have, our wrongful death attorneys have seen them all and will be there to give you the legal assistance you need during this stressful time in your life.
We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE initial consultation, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.
Frequently Asked Questions About Wrongful Death Claims In San Bernardino
How Much Can You Sue for Wrongful Death in California?
Generally, wrongful death lawsuits average around the six to seven figure range in order to cover the economic and non-economic damages such as lost income, emotional distress, medical bills, burial expenses, and any potential future income.
What Is the Statute of Limitations for Wrongful Death in San Bernardino?
According to section 335.1 of California’s Civil Code, an action for assault, battery, injury, and death of an individual that is caused by the wrongful act or neglect of another has a statute of limitation for 2 years from the incident date. If you wait to file a claim, you risk waiving your right to recover damages for the deceased person. Any attempt to file a wrongful death claim after the two years will be immediately dismissed at court.
How Much Does A San Bernardino Wrongful Death Lawyer Cost?
Typically, a San Bernardino wrongful death attorney will operate under a contingency based system, which means they won’t get paid unless they win the wrongful death case or receive a fair settlement offer for their client. With that in mind, the contingency fee can range anywhere from 25%-40%, but most law firms and personal injury attorneys will charge around 33%
