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San Bernardino Wrongful Death Attorney

If you have lost a loved one due to the negligence of another individual or entity, then you are undoubtedly going through an incredibly challenging time. You may be able to recover closure and compensation for your loss, and Bentley & More, LLP is ready to help. Our San Bernardino wrongful death attorneys have the resources necessary to investigate every aspect of your claim. We will take on the aggressive insurance carriers involved in your case, and our team will go to trial if necessary to ensure you and your family are treated fairly.

Who Choose Bentley & More, LLP for Your Claim?

  • The San Bernardino accident attorneys at Bentley & More, LLP provide aggressive representation to individuals throughout San Bernardino, and we have experience helping families who have lost a loved one due to the negligence of others.
  • We have recovered significant settlements and jury verdicts on behalf of injury victims and families, and we have the resources necessary to see your case all the way through to the end.
  • Our team handles San Bernardino wrongful death claims on a contingency fee basis. This means that clients will pay no legal fees until after we successfully recover the compensation they need.

How Will a San Bernardino Attorney Help a Wrongful Death Case?

Wrongful death claims become complicated, particularly for those who should be focused on grieving the loss of their loved one. An attorney can step in and handle every aspect of the claim on behalf of family members and estates. The role of a lawyer in these cases will be to:

  • Fully investigate every aspect of the claim and gather the evidence needed to prove liability.
  • Engage in conversations with trusted economic and financial experts who can adequately calculate total expected losses.
  • Handle all negotiations with insurance carriers and legal teams involved in an effort to reach a fair settlement for their client.

Who Can File a Wrongful Death Claim in San Bernardino?

According to state law, only certain individuals (or their personal representatives) are allowed to file wrongful death lawsuits in San Bernardino (California Code of Civil Procedure 377.60). This includes the deceased’s:

  • Spouse
  • Domestic partner
  • Children
  • Grandchildren (if the deceased’s children are also deceased)
  • Any person who would have been entitled to the deceased’s property through intestate succession 

Additionally, any person who can show that they were financially dependent upon the deceased may also be able to file a claim. This can include:

  • A putative spouse may be able to file a lawsuit if this person is found by the court to have believed in good faith that their marriage to the decedent was valid
  • Children of a putative spouse
  • Stepchildren
  • Parents of the deceased

Guardians of the deceased

San Bernardino Wrongful Death Compensation Available

Our team works diligently to recover the most compensation possible for every client that we assist. We know that families and the estates of the deceased need compensation for their losses, which is why we strive to recover both economic and non-economic damages in these situations. 

  • Economic damages. Economic damages revolve around calculable expenses that families and the estate will likely incur as a result of the untimely death. Some of the most common types of economic damages in a California wrongful death claim include:
    • Financial support the deceased would have provided their family during their lifetimes
    • The loss of any benefits or gifts that the heirs would have expected to receive from the deceased during their lifetime
    • The reasonable value of household services the deceased would have helped the family with had they lived
    • Funeral and burial expenses
  • Non-economic damages. Non-economic damages are more challenging to calculate because they revolve around various types of “unseen” losses that do not necessarily have bills or receipts that will come to the family. This includes compensation for the loss of the deceased’s
    • Protection
    • Affection
    • Moral support
    • Training and guidance
    • Love
    • Companionship
    • Sexual relations

New in 2022, plaintiffs in a wrongful death claim are allowed to seek damages for the deceased’s pain and suffering, and disfigurement damages.

How Much Compensation Will You Receive? 

There is no set amount of compensation paid to wrongful death claimants in California if their case is successful. There are various factors that go into determining how much compensation should be paid out. Some of these factors include the examination of the life expectancy of the deceased, the age, occupation, and education level of the deceased, and more.

In this state, there is no limitation on how much compensation the claimants can receive for economic damages. Some states do place limitations on non-economic damages in a wrongful death claim, but not California. These damages are also uncapped and left to the discretion of a jury.

We strongly encourage you to work with a skilled San Bernardino wrongful death attorney who has experience handling these claims. With the assistance of financial, economic, and medical experts, an attorney will work to properly calculate these losses in order to receive the best possible settlement or jury verdict.

Time Limit for Filing a Wrongful Death Claim

Individuals need to be wary of a few deadlines when it comes to filing wrongful death claims. First, it is important to recognize that insurance carriers typically play a crucial role when it comes to wrongful death compensation. If there is an insurance carrier involved, they may have deadlines that range from a few days, weeks, or months after the incident occurs. It is important to understand when the insurance carrier requires claims to be filed.

Overall, the wrongful death statute of limitations for California is two years from the date of death. This means that family members or the personal representative of the deceased must file a civil wrongful death claim within two years from the date of death, or they will not be able to recover any compensation for their losses.

Contact a San Bernardino Wrongful Death Lawyer Today

If you have lost somebody that you love as a result of the actions of another party in San Bernardino, reach out to a San Bernardino injury attorney immediately. At Bentley & More, LLP, our team is ready to step in and handle this claim on your behalf. We will fully investigate the situation, gather the evidence to prove liability, and take your case to court. When you need a San Bernardino wrongful death attorney, you can contact us for a free consultation of your case by clicking here or by calling (949) 264-0226.