Losing a loved one is always difficult. The anguish can be nearly unbearable 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 should consult with an experienced San Bernardino wrongful death lawyer to learn whether you have the right to bring a claim.
The wrongful death attorneys at Jacoby & Meyers have been protecting the rights of wrongful death survivors for over 50 years. We understand that nothing can compensate for losing someone close to you.
However, you deserve to hold the responsible parties accountable. Additionally, monetary compensation can help with some of the financial burdens caused by losing your loved one.
Call us at (909) 245-8920 or visit our contact page to schedule a free consultation. Our compassionate attorneys will listen to you and answer your questions.
We will explain your options and help you take the next steps. If we represent you, we will fight tirelessly to recover the maximum compensation you are entitled to.
Proving a San Bernardino Wrongful Death Claim
To be successful in a San Bernardino wrongful death claim, you need to prove 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.
These elements sound straightforward. However, they can be challenging to prove. You need an experienced wrongful death lawyer to meet each element sufficiently.
Our San Bernardino injury attorneys have a proven track record of winning significant awards for our clients. We win our cases by thoroughly investigating each wrongful death accident or incident, identifying the possible causes, and determining all potentially liable parties.
We then build the strongest case by discovering and collecting evidence to support your case. Some types of evidence we may use to prove your claim include:
- Medical records that document the injuries and cause of death are essential to prove the link between the accident and death.
- Autopsy reports can prove the exact cause of death and all contributing factors.
- Photographs and video footage of the accident scene and your injuries may be used.
- Testimony and reports from expert witnesses, such as accident reconstructionists and medical professionals, can be invaluable in proving the claim.
- Eyewitnesses can provide firsthand accounts of the accident or the accident scene and possibly about your injuries.
- Surveillance videos from nearby businesses can provide an objective view of the events leading up to the accident.
- If the wrongful death was caused by a car accident, the electronic data recorder (EDR), also referred to as the black box, can provide essential evidence about the accident.
These are some of the possible types of evidence we may use to support your claim. Each wrongful death is unique, and we use the best evidence for each case.
San Bernardino Wrongful Death Claim Versus Survival Action
A wrongful death claim can be brought by certain members of the decedent’s family to help compensate them for the damages they suffered because of the wrongful death of their loved one. California Code of Civil Procedure 377.60 governs wrongful death claims.
A survival action may be brought by the deceased person’s estate for damages the decedent could have sued for had they survived. This action can only be brought if the decedent survives for some time after the accident. 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. Whereas the surviving family members bring a wrongful death action.
The types of damages sought are also different. In a wrongful death claim, compensable damages include loss of financial support, companionship, pain and suffering, and funeral and burial expenses.
The damages compensable in survival actions 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 them had they survived and filed a personal injury claim. However, punitive damages are not usually available in a wrongful death action.
The statute of limitations is also different in these actions.
In a wrongful death suit, the surviving family members have two years from the date of death to bring their claim. There are exceptions to this deadline, so you must 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.
You need to consult with an experienced San Bernardino wrongful death attorney to understand whether you may have a survival action in addition to the wrongful death claim. You should speak to an attorney as soon as possible to avoid missing your filing deadline and to recover necessary evidence before it is lost or destroyed.
Contact a San Bernardino Wrongful Death Lawyer Today
If you have lost a loved one due to negligence or wrongdoing by another party, you deserve to be compensated for your damages.
We understand that no amount of money can compensate for the loss of your loved one. However, seeking justice can be empowering and help you move forward during this dark time.
We also know that financial compensation can help ease certain burdens caused by the wrongful death. You need an experienced San Bernardino wrongful death attorney to fight for your right to get every dollar you deserve.
The wrongful death attorneys at Jacoby & Meyers have been protecting wrongful death clients for over 50 years. We understand how painful this process is for the survivors. We handle every case with compassion, respect, and integrity.
We have a proven track record of getting maximum compensation for our wrongful death clients and want to do the same for you.
Call us at (909) 245-8920 or visit our contact page to schedule a free consultation to discuss your loss. We will listen to you, answer your questions, explain your rights, and help you take the next steps to get the justice you deserve.
Call or text 888-522-6291 or complete a Free Case Evaluation form
