Understanding How Wrongful Death Laws Work
If you’re a San Bernardino resident who has lost a loved due to the negligence of another, California law can help you seek justice
Few things are more harrowing than knowing that your loved one’s death was entirely preventable. Sadly, thousands of Americans die every year due to the negligent actions of another party.
Wrongful death can occur in many contexts, including negligence-based accidents (like medical malpractice), vehicle accidents and/or environmental hazards. In addition, they can even involve intentional acts, like crimes.
In San Bernardino, California state law allows surviving family members to seek compensation by filing a wrongful death lawsuit. These suits not only help grieving families recover from the financial losses often associated with the loss of a beloved family member, they also send a firm message that life is worth protecting, and negligence is unacceptable.
What Qualifies as a Wrongful Death Suit?
Several elements must be present for a wrongful death lawsuit to succeed.
Wrongful death suits help compensate survivors and their heirs for the financial losses that they have sustained. These include loss of gifts or benefits, funeral expenses and burial expenses, any financial support the decedent would have contributed to the family during their life expectancy, and even the reasonable value of household services that the decedent would have provided. Survivors and their heirs can also recover compensation for their noneconomic losses, including the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and/or moral support.
In California, wrongful death lawsuits have a two-year filing deadline. Some important exceptions may apply, which is why an experienced attorney should be consulted.
Wrongful Death Litigation Damages
Wrongful death litigation must establish negligence, or intent to harm, to be successful, and several complex variables must be considered when it is time to weigh damages.
Determining the financial loss caused by a wrongful death requires the court to consider factors such as the decedent’s age, earning power, life expectancy and health. These are complex matters and may require the testimony of experts in many fields.
Finding the Right Wrongful Death Attorney in San Bernardino
Wrongful death litigation is complex, so it’s critically important to work with a law firm can work with you in San Bernardino that has experienced handling these challenging cases.
A wrongful death attorney who specializes in wrongful death litigation can help families in San Bernardino receive the justice to which they’re entitled.
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