San Bernardino Wrongful Death Lawyers
In San Bernardino, a wrongful death claim arises when one person dies as the result of the negligence or wrongdoing of another individual or entity. A wrongful death claim is a civil action, which is brought to court by the survivors of the decedent. Relief is offered solely in terms of monetary damages where the court orders the defendant to pay the survivors of the deceased person.
The experienced San Bernardino personal injury attorneys at Bisnar Chase have more than 35 years of experience successfully handling complex cases. We handle each and every one of our cases with compassion and sensitivity. We are here to help you through this difficult time and do everything we can to help you get justice and fair compensation for your losses. If you have a wrongful death case and you need professional representation, please contact us at 909-253-0750
Essentially, a wrongful death claim is different from a criminal murder, homicide or manslaughter case because in those cases a defendant would have to be found "guilty beyond a reasonable doubt." In a civil wrongful death case, the defendant is found liable by the jury and told to compensate the victim's survivors.
The experienced San Bernardino wrongful death lawyers at Bisnar Chase understand the nuances and complexities of the law, which is required to bring forth a successful claim. We are extremely sensitive to the grief and pain families feel when they lose a loved one. It is our goal to provide you with the information, resources and help you need to protect your legal rights and your financial future, during a very difficult and traumatic time in your life.
Who Can File a Wrongful Death Claim in San Bernardino?
California law allows only certain individuals to file a wrongful death lawsuit. Here are examples of some of the individuals who may be able to file a wrongful death lawsuit in San Bernardino:
- The spouse or children of the deceased person including a putative spouse and children.
- A domestic partner of the deceased person.
- The decedent's parents, surviving siblings or grandparents.
- Anyone who was financially dependent on the deceased person at the time of death.
Elements of a Wrongful Death Claim
It is important to remember that not all fatal incidents result in wrongful death claims. Whether a wrongful death claim is warranted or not depends, of course, on the facts and circumstances of the case. In order to be successful with a wrongful death case, the plaintiffs must be able to prove the following:
- The victim's death was caused by the defendant. For example, if an individual was a pedestrian who was killed by a drunk driver, then, the plaintiff can show that the impaired driver caused the decedent's death.
- The victim's death was the direct result of the defendant's negligence. For example, if an individual's fatal injuries were caused by the fact that he was ejected from a vehicle as the result of a defective seatbelt, the manufacturer of the vehicle and/or the faulty seatbelt can be held liable for the victim's wrongful death.
- The decedent's death has affected surviving family members. There are many ways in which immediate family members are affected by the loss of a loved one. A wife may miss her husband's love and companionship. Children may miss a father's love and mentorship. The family as a whole is often affected financially not only because of the expenses they face, but also because they have lost a primary or sole wage earner. Such a death could financially devastate families. So, in a wrongful death claim, plaintiffs are required to show evidence of how the victim's death has affected them.
- The victim's death resulted in monetary damages. This often includes lost future income, lost benefits such as health, dental or other insurance, pensions, etc.
Damages in Wrongful Death Lawsuits
The extent of damages awarded in a wrongful death lawsuit will vary depending on the individual case. Some of the damages typically awarded in a wrongful death lawsuit include:
- Medical and hospital bills
- Funeral and burial costs
- Lost income including potential income the decedent would have earned in the future had he or she lived
- Value of household services
- Loss of love, community, attention, affection, moral support and guidance
- Pain and suffering
- Punitive damages, in egregious cases.
Contacting an Experienced Attorney
The experienced San Bernardino wrongful death attorneys at Bisnar Chase have more than 35 years of experience successfully handling complex cases. We handle each and every one of our cases with compassion and sensitivity. We are here to help you through this difficult time and do everything we can to help you get justice and fair compensation for your losses.
If you have lost a loved one due to someone else's negligence or wrongdoing, it is crucial that you get a knowledgeable San Bernardino wrongful death lawyer on your side right away. We can take care of paperwork and procedures, answer your questions and address your concerns. Please call our office at 909-253-0750 for your free and confidential consultation with one of our wrongful death attorneys.