When you have lost a loved one in an accident, carrying on seems like the last thing that you can do, both emotionally and financially. Not only could you face large and unexpected bills, but you are also faced with the loss of their financial and physical support. In this case, you need a San Bernardino wrongful death attorney who could handle your case compassionately while fighting aggressively on your behalf.
We understand that financial compensation alone will not ease the pain of losing your loved one. However, obtaining a judgment or settlement is how you get justice when someone else is responsible for your loved one’s passing.
Legal Actions You Can File After a Loved One Dies
One of the first considerations after your loved one has passed is whether you have the ability to file a wrongful death lawsuit. There are actually two different types of lawsuits that you could bring:
- A survival action that seeks compensation for the deceased’s losses right up until the time of their death
- A wrongful death action where the family is paid for their losses that they experience by no longer having their loved one around
First, California has rules about who could file a wrongful death lawsuit. First, it would be the spouse who filed the case. If the deceased is not married, it would be their children. In any event, there is always someone who could bring the lawsuit. These rules can get complicated, and it is vital to contact a wrongful death attorney to learn state laws about wrongful death lawsuits.
What You Need to Prove in a Wrongful Death Case
In any wrongful death claim, there are two major parts:
- Proving that someone else’s negligence caused your loved one’s death
- Obtaining compensation that fairly reflects your loss
Negligence is a factual inquiry that examines exactly what the defendant did and whether it was unreasonable under the circumstances. Then, you compare their actions to their duty of care in the situation to show why they were wrong. In the damages phase, you are determining all losses that stemmed from their conduct to seek the full value of your claim and what you have lost.
Wrongful death damages can be considerable. After all, a life was lost. How that life is measured in terms of dollars can be a matter of contention. Families will need to fight to get every dollar that they legally deserve. At The JLF Firm, this is what drives us. We believe in what we do and take our role as your tenacious advocate seriously. While you can count on us to lend an empathetic touch to your representation, we present quite a different face to those who would seek to deny you the rights that you have under the law.
Contact a San Bernardino Wrongful Death Attorney
Message the San Bernardino personal injury attorneys at The JLF Firm or call us at (909) 314-1716 to begin the legal process to receive compensation for the death of your loved one. We work for you on a contingency basis, and you owe us nothing unless you receive payment.
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Contact our office to schedule a free consultation.