Losing a loved one is always difficult. The anguish can be overwhelming when the loss is due to another party’s negligence or wrongful behavior.
If you have lost someone dear to you due to the fault of another party, you may be entitled to file a wrongful death claim. You may wish to consult with an experienced San Bernardino wrongful death lawyer to learn whether you have the right to bring a claim.
Over $2 Billion in Reported Recoveries For Clients*
Supporting Families After a Wrongful Death
Attorney’s Fees Are Owed Only if There Is a Recovery
*Past results depend on the specific facts of each case and do not guarantee a similar outcome.
The injury attorneys at Jacoby & Meyers have represented wrongful death survivors for over 50 years. We understand that nothing can compensate for losing someone close to you.
However, you may have the legal right to seek accountability from those responsible for your loss. Pursuing a claim for damages can help provide the necessary financial support to address the various burdens that follow the loss of a loved one.
Call us at (909) 245-8920 or visit our contact page to schedule a free consultation. Our attorneys will listen to you and answer your questions.
We will explain your options and discuss potential next steps. If we represent you, we will advocate on your behalf throughout the legal process.
Proving a San Bernardino Wrongful Death Claim
To be able to prove a San Bernardino wrongful death claim, you need to show that four specific elements exist. They are:
- The defendant owed the decedent a duty of care.
- The defendant breached the duty of care by negligent, reckless, or intentional actions.
- The defendant’s breach of duty caused the death of the decedent.
- You suffered actual damages due to the death of the decedent.
While these elements may appear straightforward, they can be complex in practice. An experienced wrongful death attorney can help gather and present evidence to support each element.
Our San Bernardino injury attorneys have years of experience in wrongful death cases. We assist clients by investigating the circumstances of each case, identifying potential causes for the death, and determining potentially liable parties.
We then build a case by collecting evidence to support your claim. Some types of evidence we may use to prove your claim include:
- Medical records that document the injuries and cause of death
- Autopsy reports identifying the cause of death and all contributing factors
- Photographs or video footage of the accident scene and your injuries
- Testimony or reports from expert witnesses, such as accident reconstructionists and medical professionals
- Eyewitness accounts
- Surveillance videos from nearby businesses
- Electronic data recorder (EDR) information in motor vehicle cases
Each wrongful death case is unique, and the evidence used will depend on the specific circumstances.
San Bernardino Wrongful Death Claim Versus Survival Action
Under California law, specific family members may have the right to pursue a claim for damages resulting from the loss of a loved one. These legal actions are governed by California Code of Civil Procedure Section 377.60, which identifies the individuals eligible to seek recovery for the financial and personal impact of their loss.
A survival action may be brought by the deceased person’s estate for damages the decedent could have pursued had they survived. This action may be available if the decedent lived for a period of time after the injury. California Code of Civil Procedure 377.30 governs survival actions.
Although wrongful death and survival actions may be brought in the same suit, there are significant differences to be aware of.
A survival action is brought by the decedent’s personal representative of their estate, while surviving family members bring a wrongful death action.
The types of damages sought are also different. In a wrongful death claim, damages may include loss of financial support, companionship, pain and suffering, and funeral and burial expenses.
The damages in survival actions may include the decedent’s pain and suffering, medical expenses, lost wages, and property damages sustained before death.
In a survival action, punitive damages may be available if the decedent would have been entitled to seek them had they survived. Punitive damages are generally not available in a wrongful death action.
The statute of limitations is also different in these actions.
In most wrongful death cases, family members have two years from the date of death to bring their claim. There are exceptions to this deadline, so you may find it useful to consult with an experienced California wrongful death attorney.
In a survival action, the decedent’s estate must bring the claim by the later of two years from the date of the injury or six months from the date of death.
Consulting with an experienced San Bernardino wrongful death attorney may help you understand whether you have a survival action in addition to the wrongful death claim. You can speak with an attorney to avoid missing your filing deadline and to recover necessary evidence before it is lost or destroyed.
Contact a San Bernardino Wrongful Death Lawyer
If you have lost a loved one due to negligence or a wrongful act, you may have the legal right to seek recovery for the resulting damages. Under California law, this process allows eligible survivors to pursue a claim to address the financial and personal burdens caused by their loss.
We understand that no amount of money can compensate for the loss of your loved one. However, pursuing a legal claim may provide financial support and a sense of accountability.
The wrongful death attorneys at Jacoby & Meyers have represented wrongful death clients for over 50 years. We approach each case with compassion and professionalism.
Call us at (909) 245-8920 or visit our contact page to schedule a free consultation to discuss your circumstances. We will listen to you, answer your questions, explain your rights, and guide you through the next steps.