SAN BERNARDINO
WRONGFUL DEATH ATTORNEY
The unexpected and untimely death of a loved one can leave the surviving family members reeling emotionally, psychologically, and financially. Their pain and suffering are only increased when that death is a result of someone’s negligence or wrongdoing. Beyond their grief, loved ones can be left with serious financial burdens. While no amount of compensation can replace a loved one or ease the pain of their loss, a wrongful death claim in San Bernardino can help surviving family members by providing financial assistance.
You may not be thinking about taking action in the aftermath of your loved one’s death, but the responsible party should be held accountable for their negligence or wrongdoing, and you could be facing some large, unexpected bills, the financial loss of the victim, and any future support they may have provided. You deserve compensation for the burden losing a loved one places on your family.
A wrongful death claim works much the same as a personal injury claim, except the defendant’s actions led to the loss of a loved one. In California, you have up to two years to file a claim for wrongful death. That’s why it is important to consult with a San Bernardino attorney who has experience in handling wrongful death lawsuits, which can be complex.
If you have lost a loved one due to another’s negligence or intentional wrongdoing, contact the Law Offices of Samer Habbas & Associates today. Our San Bernardino personal injury lawyers have the experience and knowledge in handling a variety of accident cases, including wrongful death claims. Our trial lawyers are experienced, caring, and will always look out for your best interests. We will help you wade through the convoluted laws to ensure you receive fair and just compensation.
You probably don’t know that if medical malpractice led to a loved one’s death, you may only have one year to file a wrongful death claim. Or, in some rare cases where the claimant is a minor, the statute may be extended beyond 2 years. These often-confusing laws are just one reason why you need a San Bernardino wrongful death attorney by your side. If a loved one has died due to the negligence of someone else, and you want to know your options and rights under the law, a personal injury attorney can help your and your grieving family obtain the justice you deserve.
With multiple offices located in Riverside, Anaheim, Irvine, Los Angeles, El Segundo and San Diego, our wrongful death attorneys represent grieving families across Southern California. For more information or to schedule a complimentary consultation with an expert San Bernardino wrongful death attorney, please call 949-438-5829.
Who Can File a Wrongful Death Claim in San Bernardino?
The answer can be confusing, as can other aspects of wrongful death claims in San Bernardino. Understandably, the spouse and children may file a wrongful death claim. However, if no spouses or children exist, other relatives may file a claim. These include:
- Parents
- Siblings
- Children of deceased siblings
- Grandparents
- Other lineal descendants
- Common-law spouse
- Dependent children of common-law spouse
- Stepchildren
- Other conditional claimants
This is not a complete list, and to file a wrongful death claim, any of these claimants would need to show financial dependence on the decedent.
Our Top-Rated Wrongful Death Attorneys in San Bernardino are Here to Help
We know that when a loved one dies, the grieving process never really stops for survivors. No amount of damages awarded in a lawsuit or negotiated in a settlement can replace a life, companionship, or emotional support. However, these damages can help replace the decedent’s income and financial support and compensate families for their loss.
If you want to speak to a San Bernardino wrongful death lawyer about your loss and get a clear understanding of your rights under the law in plain language, contact the trial lawyers at the Law Offices of Samer Habbas & Associates. We have a proven record of success and will work hard to help you receive the fair and just compensation you deserve.
With multiple offices located in Riverside, Anaheim, Irvine, Los Angeles, El Segundo and San Diego, our wrongful death lawyers represent grieving families across Southern California. For more information or to schedule a complimentary consultation with an experienced San Bernardino wrongful death lawyer, please call 949-438-5829.
Frequently Asked Questions
Is wrongful death a cause of action in California?
Yes. The California wrongful death law permits surviving family members or the estate to sue for damages when a person dies as the result of someone else’s wrongful act, regardless of whether or not it was due to negligence, recklessness, or was intentional. A claimant can recover for such things as burial and funeral expenses, any future income, pain, suffering, and disfigurement of the deceased, and compensation for the loss of the deceased’s companionship and support.
What are the most common causes of a wrongful death?
Wrongful deaths can be caused by a wide range of factors and situations. The following are some of the most common types of wrongful death cases:
Car Accidents: The most common cause of wrongful death claims. Many car accidents occur every day in San Bernardino, and unfortunately, some of them are fatal. The vast majority of car accident fatalities are due to driver negligence. Accidents, where none of the drivers involved were negligent, are rare. Car accidents are often the result of road issues as well. In these cases, the city or county may be liable.
Medical Malpractice: Although most doctors and other medical practitioners are well qualified and always try to perform to the best of their ability, the reality is that everyone is human, and everyone makes mistakes from time to time. Healthcare professionals might cut corners, fail to follow correct procedures, or simply miss something. The most common medical malpractice and wrongful death causes are either misdiagnosis of a condition or failure to diagnose a condition. Other common causes are errors during surgery or when treating conditions.
Accidents at Work: Regardless of how careful you might be, accidents at work are always a possibility. At times, these accidents can be serious and even lead to death. For those who work in industries with a higher risk of injury or death, fatalities are more common.
Defective Products: If a person dies after using a defective product, the manufacturer of the product is held liable. This is a major reason why manufacturers spend many hours testing products and making sure they’re safe. Some of the most common wrongful death cases involving defective products include defective pharmaceutical products, toxic foods, unsafe products designed for children, and defective automobiles.
Semi-Truck Accidents: Due to their sheer size and weight, semi-truck accidents are much more likely to cause death. The culprit could be driving with an oversized load, mechanical issues, or driver error.
Pedestrian Accidents: Accidents involving pedestrians are extremely likely to be fatal because pedestrians have no protection against a car weighing thousands of pounds. Although these cases are mostly due to driver negligence, the city or county may also be liable in situations where the driver couldn’t see the pedestrian due to obstructions or poorly placed pedestrian walkways.
Aviation Accidents: These accidents are rare but can be devastating when they do occur. Most are a result of mechanical issues with the airplane, where the airline or manufacturer is held liable, or pilot error.
What is the difference between a survival action claim and a wrongful death lawsuit?
Wrongful death claims can be filed by a victim’s surviving spouse, domestic partner, children, grandchildren of deceased children, and other parties. Here is a list of things they can recover damages for:
Burial expenses
Loss of services
Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support
The loss of sexual companionship
Survival action claims in California allow you to assume the legal rights of the decedent. You are eligible for the damages the decedent would have been able to obtain had he or she lived. These actions are only available in cases where the decedent survived for a period of time after the accident or incident. Per California law, the damages recoverable in a survival action are “for the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived.” The survival action statute does not allow for damages for pain, suffering, or disfigurement.
Can I file a wrongful death claim for my unborn child?
California law does not allow wrongful death recovery for the death of an unborn child. The issue is that a wrongful death lawsuit only allows a claim for the taking of the life of a person, and California law does not recognize the “personhood” of an unborn baby.
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