San Bernardino Wrongful Death Lawyer

San Bernardino Fatal Accident Attorney 

"Wrongful death" is a legal term, used to describe a situation in which someone is killed, without provocation, by the intentional or even accidental act of another. A wrongful death can occur when a motorist on a San Bernardino roadway runs a red light and hits an innocent victim. A wrongful death can happen when a jealous boyfriend stabs his rival at a party. And a wrongful death can result from a surgeon's failure to use sanitary methods to perform an operation at a San Bernardino County hospital.

No matter what causes the wrongful death, it is a tragedy with far-reaching consequences. The victim of a wrongful death accident often leaves behind a family or other loved ones who counted on him or her for companionship, emotional guidance and financial support. When this is the case, California's wrongful death laws are there to help the victim's loved ones recover the damages that may help them get on with their lives.

If one of your close loved ones has been killed through the fault of another, you may have a valid wrongful death claim. You owe it to yourself and to those who count on you to consult with an experienced San Bernardino wrongful death attorney.

Wrongful Death Claimants Under California Law

Naturally, only certain people are entitled to bring a wrongful death claim. First, they must be relatives. Second, those with the closest family relationship to the wrongful death victim may preclude more distant relatives from getting any recovery.

California's wrongful death law carefully defines just who may recover, and when. For example, the wrongful death victim's spouse and children each have rights to recover. If there are no children and there is no spouse, other, more distant relatives may be able to make a wrongful death claim. A competent San Bernardino wrongful death lawyer will be able to tell you if you or other family members are entitled to lodge a claim for wrongful death damages.

What Types of Damages Are Available to California Wrongful Death Claimants?

By law, wrongful death claimants, in San Bernardino or other parts of California, may recover only those damages that are personal to them. What does this mean? It means that the types of damages the victim might have recovered if he or she had survived the injury, such as damages for pain and suffering, may not be awarded to the wrongful death claimant.

Instead, wrongful death claimants can receive damages to compensate for what they personally have lost due to the accidental death of their loved one. These might include damages to compensate for:

• The financial support the deceased would have provided;

• The loss of the deceased's love, guidance and companionship;

• The expenses the claimant paid to make the deceased's funeral arrangements; and

• The costs entailed in hiring housekeepers, gardeners or others to do the household work the deceased would have done.

In some cases, a San Bernardino area wrongful death claimant may also recover damages for infliction of emotional distress. Only certain relatives may seek these damages, and only under particular conditions. Ask your San Bernardino wrongful death attorney if you might qualify.

Survivor's Actions

Wrongful death claimants are barred from seeking damages for injuries the deceased could have made claims for if he or she had survived. So are those claims lost forever? Not necessarily.

In some situations, a decedent's estate may bring something called a "survivor action." Any money recovered through such a suit will go to the estate, to be distributed according to the wrongful death victim's will. If there is no will, it will be distributed according to California law.

A survivor action is possible when the wrongful death victim lived, for at least a short time, after the event that caused the death. For example, a man might be struck by a speeding car while crossing a San Bernardino street at a well-marked crosswalk. If he survived for two weeks in a hospital's intensive care unit before succumbing to death, his estate could bring a survivor's action. That lawsuit might seek damages for the wrongful death victim's pain and suffering, medical expenses and lost wages, among other claims.

Be Sure You Hire the Right San Bernardino Wrongful Death Lawyer

If your loved one was the victim of a wrongful death, you or someone close to you may be entitled to recover damages. A San Bernardino lawyer who is well acquainted with the intricacies of wrongful death law can tell you what your rights are.

The Reeves Law Group has more than 20 years of experience in handling personal injury claims of all types, including wrongful death claims. Our attorneys are here to advise you of your rights and make sure that you or your loved ones receive the compensation they are entitled to after a wrongful death. For a free consultation concerning a San Bernardino wrongful death claim, please call us at (800) 644-8000 or e-mail us.