San Bernardino is host to a vast number of car accident fatalities each year, and that’s not covering the assaults, medical malpractice deaths, product defect deaths, fires, animal attacks, and more. Wrongful death cases can come from any type of death resulting from negligence, carelessness, or even intentional action.
Types of Wrongful Deaths
Perhaps the most common type of wrongful death is a fatality victim in a car, truck, or motorcycle accident. However, product defects and property liability claims have also resulted in death. Iconic lawsuits such as on California couple suing IKEA for a dresser-tipping accident are proof that accidents resulting in death can happen in the most unexpected ways.
Even slip and fall accidents that lead to eventual death which results from the spine or brain trauma incurred during the incident. Medical malpractice is another well-known type of wrongful death where a medical professional was negligent to some degree, and it resulted in the death of a person.
Abuse in many situations has led to wrongful death claims as well, similar to the medical malpractice claim, nursing homes are facing many wrongful death cases. The expanse of the application of wrongful death has the ability to apply to nearly any case where one person is responsible, to some degree, for the death of another person.
Do You Have a Wrongful Death Claim?
Determining if you could have a wrongful death claim is slightly easier than assessing the possibilities of other cases. If you are the spouse, child, or surviving parent or sibling of someone who recently died because of another human, then you likely have a case.
Wrongful death claims can cover everything from car accidents to product defects and the many acts of negligence in between. Losing a loved one is extremely painful, and going through with a wrongful death claim may be difficult as well. If you are the surviving spouse or child of the deceased, then you should carefully consider your role and the role of the family in a possible wrongful death claim.
Once you start your work with an attorney, you’ll be able to look ahead at the possible paths for the case. These cases can include various insurance companies, or be a lawsuit against an individual. Additionally, they may be able to settle through private negotiations or mediations without going to court. In the event that a wrongful death case proceeds to court, you can be sure that your attorney will represent the interests of you and the victim.
How Do San Bernardino Wrongful Death Lawyers Calculate Damages?
When it comes to managing the economic damages, those are generally easy to calculate. For example, you may have a set number in what you and your family paid in burial costs. You may also have outstanding medical bills that have a set figure on what you owe for the medical assistance your loved one received before passing.
Where it becomes more difficult as in calculating damages that may not have been set in stone. One example is the possible contributions to the household where the deceased may have been the primary income source. When calculating the loss of future earnings, nearly every wrongful death attorney will consider factors such as the person’s level of income, skillset, the potential for future promotions, inflation, and how the deceased’s wages would have adjusted from year to year.
Often when you’re calculating potential future income and other similar damages, it’s well worth it to call in a financial expert. With a financial expert, you may be able to assign a reasonable dollar amount for your compensation request. It is even more likely that their wrongful death claim you could seek damages for things such as lost benefits through retirement contribution, or potential for raises and other promotions.
Who Can File a San Bernardino Wrongful Death Claim?
Within California, it is ideal to see either the surviving spouse or domestic partner, or surviving children make a wrongful death claim. In the event that the deceased does not have a surviving spouse or children, then their parents may have access to file a wrongful death claim. If there is no surviving spouse, children, or parents, their siblings can choose to move forward with the claim.
There are restrictions on who can file a claim in order to protect the interests of the victim and their immediate family. It would not be reasonable for a cousin or distant relative moving forward with a claim when it is the immediate family that needs financial relief and support for their recovery.
Families Have Two Years to File
Families only have two years to file their wrongful death claims against the responsible party. These do not run together with any outstanding criminal charges for neglect, either. That means that even if they are facing criminal charges for their actions, you can pursue civil action as well.
For those who are interested in possibly pursuing a wrongful death case against the person or entity responsible for their loss, then you should reach out to an attorney soon. The two-year window will close much sooner than it might seem, in the midst of grief, two years can pass quickly.
Where to Start Your Search for San Bernardino Wrongful Death Lawyers
Wrongful death attorneys are something a little different. Although most do work as personal injury attorneys, they often approach wrongful death cases with compassion, understanding, and thoroughly discuss the ideal outcome with the family. There is no “right” solution to these cases, but there are many times when the family goes through the entire court process and then still feel let down.
Our goal at TorkLaw is to ensure that we reach the best solution possible, given the circumstances, for all the survivors of the victim. This is about the victim and getting justice for the wrongful acts or negligence which they experienced and resulted in their death. Their family should not be left with outstanding medical debt, unpaid bills, and an uncertain future. Call TorkLaw and learn about your possible options and who could take the lead in your case.