Losing a family member due to another party’s negligent actions or misconduct creates grief, confusion, and uncertainty about the future. These unfortunate situations create emotional and financial hardship that no family should face alone.  While no monetary award can replace your loved one, pursuing a wrongful death claim can provide financial stability and hold responsible parties accountable for their actions.

Our San Bernardino County wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel (LMSCR) offer compassionate legal guidance during these challenging times, helping families seek justice and appropriate compensation for their profound loss. We bring years of experience representing families across Southern California in various wrongful death scenarios. You probably have many questions about your legal options; we are here to answer them.

What Qualifies as a Wrongful Death Case?

A wrongful death occurs when someone dies due to another party’s legal fault; examples include negligence, recklessness, and intentionally harmful actions.

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Defective products
• Premises liability

California wrongful death claims require proving that the death resulted from another’s negligent or wrongful act, that surviving family members suffered financial losses from the death, and that a personal representative has been appointed for the deceased person’s estate. Our San Bernardino County lawyers evaluate the circumstances surrounding these cases to determine if these elements exist and how to effectively present them in legal proceedings.

Who Can File a Lawsuit On Behalf of a Deceased Loved One In California?

California law specifies who may file a wrongful death lawsuit. Generally, eligible parties include the deceased person’s spouse or domestic partner, children, and dependent stepchildren. If these individuals do not exist, those who would inherit under state intestacy laws, including parents or siblings, may file.

The laws also allow claims from anyone financially dependent on the deceased, such as a putative spouse or stepchildren; the personal representative of the estate typically files the lawsuit on behalf of these survivors.

What Compensation Is Available In Wrongful Death Cases?

Compensation in wrongful death cases falls into two main categories: economic and non-economic damages. Economic damages cover quantifiable financial losses such as:

• Medical bills related to the final illness or injury.
• Funeral and burial expenses.
• Loss of the deceased’s expected income and benefits.
• Loss of household services that the deceased would have provided.
• Loss of anticipated financial support.

Non-economic damages address intangible losses like:

• Loss of love, companionship, comfort, care, and guidance.
• Loss of consortium for a surviving spouse.
• Loss of training and nurturing for children.

California does not generally allow punitive damages in these types of cases unless the death resulted from felony homicide with a criminal conviction. Distributing awarded compensation follows specific statutory guidelines rather than the deceased’s will.

What Is the Statute of Limitations for Wrongful Death Claims?

Time restrictions apply to filing wrongful death lawsuits in California. Generally, families have two years from the date of death to file a claim. However, different rules may apply in certain circumstances.

For medical malpractice cases, the deadline is three years from the date of injury or one year from when the injury was discovered, whichever occurs first. When government entities are involved, claims must be filed within six months. Missing these deadlines typically results in losing the right to seek compensation, underscoring the importance of promptly consulting with an attorney after a loss.

How Do Wrongful Death Cases Differ from Criminal Proceedings?

Wrongful death lawsuits are civil actions distinct from criminal proceedings. While criminal cases seek to punish offenders with imprisonment, fines, or probation, wrongful death claims aim to compensate surviving family members for their losses.

The standard of proof differs significantly between these proceedings. Criminal cases require proof “beyond a reasonable doubt,”. In contrast, civil wrongful death claims use the lower “preponderance of evidence” standard, meaning it is more likely than not that the defendant caused the death. This distinction explains why some families succeed in civil court despite a not-guilty verdict in criminal court.

How Are Wrongful Death Settlements Distributed?

When a settlement or verdict is reached, the court must approve the distribution among eligible family members. The court typically approves their arrangement if all parties agree on the distribution. In cases of disagreement, the court determines a fair allocation based on each person’s relationship with the deceased and their financial dependence.

Some family members may receive immediate lump-sum payments, while others, particularly minor children, may have their portions placed in trusts until they reach adulthood. Our San Bernardino County lawyers help families determine these arrangements and establish appropriate trusts when necessary.

How Long Do Wrongful Death Cases Typically Take?

The duration of wrongful death cases varies significantly depending on the particulars of the case. Straightforward cases with clear liability might settle within months, while contested cases involving multiple parties or disputed facts could take years to resolve.

Factors affecting the timeline include the investigation period, negotiation processes, court scheduling, and whether the case goes to trial. Though many cases settle before trial, our San Bernardino County lawyers prepare every case thoroughly as if it will proceed to court, maximizing potential compensation and preparedness for all outcomes.

How Can a Lawyer Help a Grieving Family?

Wrongful death lawyers have many responsibilities in these cases:

• Investigating the circumstances of the death.
• Identifying all potentially liable parties.
• Calculating the full extent of damages.
• Negotiating with insurance companies.
• Representing the family at trial if necessary.

They also manage all procedural requirements, prevent costly mistakes that could jeopardize the claim, and allow family members to focus on healing while their case progresses. With professional representation, families may receive significantly higher compensation than when attempting to handle claims independently. Bear in mind that this depends on the circumstances; every case is different.

Contact Our Compassionate San Bernardino County Wrongful Death Lawyers at LMSCR if You Need Legal Representation After Losing a Loved One

The dedicated San Bernardino County wrongful death lawyers at LMSCR provide compassionate, legal representation for families during their most difficult moments. For a free consultation, call 909-889-1131 or contact us online. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.