If your loved one has suffered wrongful death at the hands of a negligent party, we’d like to extend our deepest condolences. We know how devastating it is to lose someone you love, and we understand how much it will affect your life moving forward. As licensed, experienced attorneys, we’re available to help you pursue the compensation you deserve. While we respect that money is no replacement for your loss, we know it can help with the recovery process.
What Is Wrongful Death?
Wrongful death occurs when someone dies because of another person’s or party’s wrongful actions. Surviving family members may file a death claim in cases including:
- Unjustified killings. Wrongful death claims may involve the excessive use of force, murder, and manslaughter.
- Car accidents. When a driver’s reckless behaviors cause the death of another, the family can pursue a wrongful fatality claim against the negligent driver.
- Unsafe premises accidents. Property owners and operators are responsible for maintaining reasonably safe premises. If a foreseeable hazard contributes to someone’s death, the property owner or operator may face responsibility for that person’s death. Sadly, many drowning deaths occur when property owners fail to secure their pools and small children wander into the pool area.
- Workplace hazard exposures and incidents. Employers are responsible for creating reasonably safe work environments for their employees. If they fail to do so, they may face legal consequences for resulting deaths.
- Unsafe products. Manufacturers must ensure the safety of their product designs, manufacture, and marketing. When products used as intended cause harm, manufacturers may bear liability for wrongful deaths.
Any time an individual owes someone a standard duty of care, breaches that duty, and that breach results in death, a family may pursue a valid wrongful death claim. Other cases that may result in death from someone’s negligence may include medical malpractice, dog bite, and nursing home abuse incidents.
Wrongful death is not a criminal charge such as homicide or manslaughter. Rather, it’s a type of personal injury claim. It gives survivors a way to hold wrongdoers financially liable for their actions and the economic means to move forward after the preventable death of a loved one.
Who Can File a Wrongful Death Claim in California?
In California, survivors of the deceased individual or an estate administrator may file a wrongful death claim. Eligible survivors may include spouses, partners, children, and other valid beneficiaries. If successful, the survivors will receive damage awards to match their specific losses.
Damages associated with death claims may include compensation for lost financial support, lost expected gifts or benefits, funeral expenses, the value of services the decedent provided, lost companionship/love/care, lost guidance, and more.
Wrongful Death Statistics
According to the U.S. Department of Justice, 90% of all medical malpractice lawsuits involve wrongful death or permanent disability that occurred as a direct result of negligence. Often, these deaths involve medication errors including administration and prescription mistakes. According to the Centers for Disease Control and Prevention (CDC), prescription drug deaths are the second most common cause of wrongful death.
On the highway, negligent death reaches up to 40,000 victims across the country. More people die in accidents, automobile or otherwise, than any other cause in the nation. In California alone, up to 5,000 wrongful deaths occur annually due to auto accidents, of which almost 300 involved large trucks and 18-wheeler cargo vehicles.
Slip and fall accidents are also a major cause of fatalities in the United States. Around 25,000 deaths occur annually due to these kinds of accidents.
What to Do if You Suspect Wrongful Death
If someone you love dies in a suspicious, preventable, and unexpected manner, you may have a valid wrongful death claim in the state of California. Talking to an attorney may feel difficult in the months following the death of a loved one, but it could provide you with a sense of closure and valuable compensation not otherwise available. An attorney can provide insights into your case and confirm the unsettling feeling that someone could have prevented your loved one’s death.
Keep all records associated with your loved one’s accident and subsequent death. Medical reports, police reports, autopsy findings, recordings, and photographs can all help prove the death claim. Contact the wrongful death attorneys at Estey & Bomberger, LLP as soon as possible. If your loved one’s death falls under California’s wrongful death laws, we will immediately begin working to protect your interests and pursue justice.
The state of California requires survivors to file a wrongful death claim within two years of the date of death. As time passes, memories and evidence fade. A timely filing can make a difference in your ability to recover fair and full compensation for your losses. Don’t wait to contact a personal injury attorney in San Bernardino to assist you through the often difficult process of filing a claim and receiving the compensation you deserve for your loss.
Wrongful Death Attorneys in San Bernardino – Free Consultations!
At Estey & Bomberger, our attorneys offer compassionate guidance throughout your time of need. Your rights are our top priority, and we’re here to ensure they are honored. We won’t settle in the case of an insurance adjuster attempting to avoid responsibility for your loved one’s fatality. We have handled thousands of personal injury cases, including wrongful death, and have obtained millions of dollars in compensation for our clients.
Many victims struggle financially after a death incident, which is why we work on contingency. We won’t take a cent of your money until we win a claim and you receive your settlement. We believe in the best legal representation for everyone.
Contact us at Estey & Bomberger in San Bernardino to learn more about how we can help, or call us today to speak to a legal representative. (909) 882-2016