Suppose you’re dealing with the unimaginable loss of a loved one due to someone else’s negligence or intentional act in San Bernardino. In that case, you’re likely facing a whirlwind of emotions and uncertainty. Our San Bernardino wrongful death lawyers are here to help.
A San Bernardino personal injury lawyer can guide you through the entire legal process, ensuring you receive the compensation you deserve. At Omega Law Group, our team of skilled attorneys has a proven track record of success, having recovered millions of dollars for past clients.
Causes of Wrongful Death in San Bernardino
One of the most common causes is medical malpractice. When healthcare professionals fail to provide adequate care, it can result in fatal consequences. This can include misdiagnosis, surgical errors, and medication mistakes.
Car accidents are another leading cause of wrongful death in San Bernardino. When drivers engage in reckless or negligent behavior, such as speeding, distracted driving, or driving under the influence, they put others’ lives at risk.
Similarly, defective products can lead to wrongful death. This can include faulty manufacturing, inadequate safety testing, or failure to warn consumers about potential risks. Workplace accidents are also a common cause of wrongful death.
Who Can File a Wrongful Death Claim?
You may be wondering who can file a wrongful death claim in San Bernardino.
In California, only specific family members, including spouses, domestic partners, children, and parents, are eligible to bring a claim.
Additionally, a legal representative, such as an executor or personal representative, can also file a claim on behalf of the deceased person’s estate.
Eligible Family Members
When a loved one’s life is tragically cut short due to someone else’s negligence or wrongdoing, the surviving family members are left to pick up the pieces and navigate the complex legal landscape of a wrongful death claim.
You may be wondering who’s eligible to file a claim on behalf of your loved one.
In California, the following family members are eligible to file a wrongful death claim:
- Spouse: The surviving spouse has the right to file a wrongful death claim, seeking compensation for their loss.
- Children: The children of the deceased person can file a claim, including biological and adopted children.
- Dependent parents: If the deceased person was supporting their parents financially, the parents may be eligible to file a claim.
It’s essential to understand that the specific family members eligible to file a claim may vary depending on the circumstances of the case.
Consulting with an experienced San Bernardino wrongful death lawyer can help you determine who’s eligible to file a claim and guide you through the legal process.
Proving Liability in Wrongful Death Cases
Proving liability in a wrongful death case requires a thorough investigation and gathering of evidence to establish that the defendant’s actions or inactions led to the death of your loved one.
This involves gathering factual evidence, such as witness statements, police reports, and medical records, to build a strong case against the defendant.
Duty of Care
You’ll need to demonstrate that the defendant owed a duty of care to your loved one, breached that duty, and that the breach caused their death. In cases involving negligence, you’ll need to show that the defendant failed to act with reasonable care, resulting in a fatal outcome.
Your San Bernardino wrongful death attorney will work closely with experts, such as accident reconstructionists, engineers, and medical professionals, to analyze the evidence and provide expert testimony.
We will help you identify key pieces of evidence, such as security footage, phone records, and toxicology reports, to support your claim.
Establishing Causation
Additionally, your lawyer will need to establish causation, which links the defendant’s actions or inactions to your loved one’s death. This may involve complex legal and medical analysis, but it’s essential in holding the defendant accountable for their role in the fatal incident.
Damages Available in Wrongful Death Cases
When a loved one’s life is cut short due to someone else’s negligence, you’re left to pick up the pieces and seek justice. As you navigate the legal system, it’s crucial to understand the damages available in wrongful death cases.
These damages are designed to compensate you and your family for the losses you’ve suffered. In California, the state recognizes two types of damages in wrongful death cases: economic and non-economic.
Economic damages are tangible losses with a clear financial value, such as:
- Medical expenses: This covers any medical bills incurred as a result of the deceased’s final illness or injury.
- Lost income: This is the income the deceased would have earned if they lived.
- Funeral expenses: This is the cost of funeral services and burial.
Non-economic damages, on the other hand, are intangible losses that affect your quality of life. These can include emotional distress, loss of companionship, and loss of consortium.
While these damages are more challenging to quantify, they’re no less important. A skilled wrongful death attorney can help you understand the full range of damages available in your case and fight to secure the compensation you deserve.
Contact Our San Bernardino Wrongful Death Attorneys Now
You’ve suffered an unimaginable loss, and now you’re seeking justice. A San Bernardino wrongful death lawyer can be your guide through this complex and emotional process. With our help, you’ll have a stronger case and a better chance of receiving the compensation you deserve.
Don’t navigate this difficult time alone; let a skilled attorney help you hold responsible parties accountable for their actions. Omega Law Group offers a 100% free consultation; for more Information, visit our FAQ page.