San Bernardino Wrongful Death Attorney

Losing a loved one is devastating, and when it happens due to someone else’s negligence or wrongful actions, seeking legal recourse becomes essential. Surviving family members often deal with emotional trauma, mental distress, financial burdens, and pain and suffering.

While no compensation can ease the pain of losing a loved one, surviving family members can pursue a wrongful death claim to recover damages. Our team of award-winning wrongful death attorneys is here to provide compassionate and strategic legal advocacy during this difficult time.

At Arrowhead Accident Attorneys, we are dedicated to helping you navigate the claims process while you focus on healing. We understand the complexities involved in wrongful death lawsuits and have recovered millions of dollars in compensation for our clients. Call Arrowhead Accident Attorneys today to schedule a free consultation.

When an individual loses their life due to the negligence, recklessness, or intentional misconduct of another party, certain surviving family members can file a wrongful death claim to recover financial compensation for their losses.

Wrongful death claims can result from various circumstances, including car accidents, workplace incidents, and more. Wrongful deaths are a type of personal injury claim aimed to help compensate survivors for their losses. A San Bernardino personal injury attorney can help you take wrongful death action to hold the responsible party accountable.

Types of Wrongful Death Cases We Handle

Leading Causes of Wrongful Death Claims

Wrongful death claims can stem from various unfortunate incidents. Auto accidents are a leading cause of wrongful death cases in San Bernardino. These tragic incidents can occur due to various factors, including distracted driving, speeding, or impaired driving. Our attorneys have extensive experience handling auto accident claims that deal with wrongful death. We can assist you in seeking justice for your loved one.

Common scenarios in auto accident wrongful death claims:

Drunk driving accidents: Cases where a driver’s intoxication leads to a fatal accident are unfortunately common in California. In 2021, there were 1,370 people who lost their lives in California auto accidents that involved at least one alcohol-impaired motorist.
Reckless driving incidents: Reckless behavior on the road, such as excessive speeding or aggressive driving, can result in catastrophic consequences.
Distracted driving collisions: When drivers engage in non-driving activities such as texting, conversing with a passenger, or eating or drinking, they can cause fatal accidents.
Failure to obey traffic laws: Instances where a driver neglects traffic laws, such as speeding or running a red light can lead to a fatal car accident.

Who is Liable in a Wrongful Death Lawsuit?

Determining liability in a wrongful death lawsuit involves identifying the party or parties responsible for the negligent or intentional actions leading to the death. The liable party may vary depending on the circumstances surrounding the incident. Potentially liable parties can include:

Negligent drivers
Employers in workplace accidents
Manufacturers of vehicle parts and machines
Government agencies

Identifying the liable parties involved is a critical step in pursuing a wrongful death lawsuit. Experienced wrongful death attorneys will conduct thorough investigations and collect evidence to build a strong case against the responsible individuals or entities.

What is the Burden of Proof in a Wrongful Death Claim?

The burden of proof in a wrongful death claim involves presenting evidence that demonstrates the negligence or intentional misconduct of the party responsible for the decedent’s untimely death. A successful wrongful death claim must prove the other party’s liability.

Establishing Negligence

The plaintiff must provide evidence that the responsible party owed a duty of care.
The plaintiff must demonstrate that the defendant breached their duty of care.
A direct link must be established between the breach and the deceased person’s death.
There must be damages suffered as a result of the accident that caused the decedent’s death.

Gathering strong evidence, such as medical records, eyewitness accounts, and expert testimony is crucial. The strength of the evidence significantly influences the success of the wrongful death claim. An experienced wrongful death attorney will protect your best interests and help you recover the compensation your family deserves.

In a wrongful death claim, surviving family members can pursue financial compensation for damages including the following:

Burial and Funeral Expenses – A fair settlement can help cover the costs associated with laying a loved one to rest. According to Funeralocity, the average cost of a traditional full-service burial in California is $7,896.
Medical Bills – Reimbursement for medical costs related to the deceased’s final injuries or illness.
Loss of Financial Support and Future Income – Compensation can include the loss of financial support the deceased would have provided to the family.
Emotional Pain and Suffering – After a loved one’s untimely death, the grieving process never really stops. Surviving family members can seek compensation for their emotional pain and suffering.
Loss of Consortium – Damages may be pursued for the intangible losses for the loss of the love, affection, guidance, companionship, and support the deceased provided.

Costs are Involved in Wrongful Death Lawsuit?

Understanding the costs associated with hiring a wrongful death lawyer is crucial when navigating the legal process. In San Bernardino, the costs associated with a wrongful death lawsuit may include:

Contingency fees, typically a percentage of the settlement or judgment amount awarded
Hourly rates for legal services if the attorney does not work on a contingency basis
Court fees, if your case goes to trial
Costs associated with gathering expert testimonies, if necessary

An experienced wrongful death attorney will help you determine the costs involved and will help you obtain just compensation to cover your damages and expenses related to the wrongful death lawsuit.

How Much Do San Bernardino Wrongful Death Lawyers Charge?

Our San Bernardino wrongful death attorneys recognize the emotional and financial strain families may be under after the loss of a loved one. We operate on a contingency basis, meaning you only pay legal fees if we successfully secure compensation for your case. Therefore, there are no out-of-pocket costs to hire us. If we do not secure compensation for your wrongful death claim, you owe us nothing. This arrangement allows you to focus on your case without the added stress of upfront legal costs.

Who Can File a California Wrongful Death Claim?

In San Bernardino, specific individuals may be eligible to file a wrongful death claim on behalf of the decedent. Typically, immediate family members such as spouses, children, and parents have the right to pursue legal action. An experienced wrongful death attorney can help you determine if you are eligible to pursue a wrongful death lawsuit.

Eligible parties for filing a wrongful death claim include the following:

Spouses and Domestic Partners: Spouses and registered domestic partners are typically eligible to file a wrongful death claim in California.
Children, Including Adopted Children: Biological and adopted children have the right to pursue legal action for the wrongful death of a parent.
Parents or Legal Guardians: The parents or legal guardians of a deceased individual can seek justice on behalf of their lost loved one.
Dependent Stepchildren: Dependent stepchildren may also have the right to file wrongful death lawsuits.

It’s crucial to be aware of the statute of limitations, or the limited timeframe victims have to file a wrongful death claim. In San Bernardino, the statute of limitations is typically 2 years from the date of the decedent’s passing.

Exceptions may apply depending on your situation. For example, a personal injury claim against a government entity has a shorter time window and must be filed within 6 months. It’s best to consult with an experienced San Bernardino wrongful death attorney who will protect your rights and ensure your case is filed on time.

Missing this deadline can result in the loss of your right to pursue compensation. Our wrongful death lawyers can help you navigate these time constraints and ensure your claim is resolved in a timely manner.

Our Wrongful Death Attorneys Can Help You Obtain Justice

Navigating the legal complexities of a wrongful death claim requires seasoned professionals who understand both the legal and emotional aspects of these cases. Our San Bernardino wrongful death attorneys are here to guide you through every step of the process, offering support, expertise, and a relentless pursuit of justice on behalf of your loved one. Our attorneys will:

Conduct a comprehensive review of evidence, including medical records, police reports, and witness statements
Collaborate with experts to reconstruct the incident and provide professional opinions
Build a compelling case that establishes liability and demonstrates the impact of the loss on the surviving family members
If necessary, represent the client effectively in court, presenting arguments, examining witnesses, and navigating legal proceedings

Compassionate Wrongful Death Attorneys in San Bernardino

What is a Wrongful Death Claim?

Do I Have a Wrongful Death Case?