Wrongful Death Attorney

Wrongful Death Attorney in San Bernardino

Experiencing the tragic loss of a loved one due to a wrongful death is an immensely challenging and disruptive event for any family. If you find yourself in this heart-wrenching situation in San Bernardino, California, it is vital to promptly seek the assistance of a wrongful death attorney. The Heidari Law Group offers a team of devoted legal professionals who will carefully scrutinize every detail of your case.

When the loss of a loved one stems from negligent or wrongful actions by another party, you may have the right to pursue a wrongful death lawsuit. Initiating this legal action can provide you and your family with the opportunity to seek compensation for the emotional, physical, and financial losses endured, helping to address the profound impact of your loss.

Common Causes of Wrongful Death in San Bernardino 

In California, for a family to be eligible for financial compensation in a wrongful death case, it must be demonstrated that the fatality resulted from the fault of another individual. Understanding the cause of the incident is a crucial step in establishing fault in court.

In San Bernardino, California, some common causes of wrongful death include:

  • Defective Products
  • Workplace Accidents
  • Construction Site Accidents
  • Medical Malpractice
  • Misdiagnosis
  • Faulty Airbags
  • Acts of Violence
  • Car Accident
  • Homicide

In 2021, there were over 177 homicide cases in San Bernardino, and 181 homicide cases in 2020, according to the San Bernardino County Indicators website on crime rate safety.

The Heidari Law Group is dedicated to conducting comprehensive investigations into the circumstances surrounding the death of your loved one to uncover signs of causation. If any evidence of recklessness, malice, or negligence is found, the legal experts at Heidari Law Group will work closely with you to initiate a wrongful death lawsuit, aiming to secure justice and compensation for your loss.

Who Are The Defendants In A San Bernardino Wrongful Death Case

In a San Bernardino wrongful death case, the defendants are the individuals, entities, or organizations alleged to have caused the death through negligent, reckless, or intentional actions. The specific defendants depend on the circumstances surrounding the wrongful death incident. Common defendants in such cases might include:

  1. Individuals: This could include drivers in car accidents, doctors or medical professionals in cases of medical malpractice, or individuals who committed an act of violence.
  2. Corporations or Businesses: If the death was a result of unsafe working conditions, defective products, or negligence on the part of a company or organization, the business itself could be a defendant.
  3. Government Entities: In some cases, wrongful death claims might involve governmental entities, such as in the case of accidents or incidents involving government vehicles or failures in public infrastructure.
  4. Medical Institutions: In cases of medical malpractice, the hospital or medical institution where the negligence occurred could be held accountable.
  5. Landlords or Property Owners: If the death was caused by hazardous conditions on a property, such as a slip and fall or structural failure, the property owner or landlord might be held liable.

The specific defendants in a San Bernardino wrongful death case will depend on the details surrounding the incident. Legal guidance from a wrongful death attorney can help identify and pursue the appropriate defendants for your case.

What Kind Of Compensation Can I Receive?

In a San Bernardino wrongful death case, you may be entitled to several forms of compensation, including:

  1. Economic Damages: These include measurable financial losses such as funeral and burial costs, loss of financial support, lost wages and benefits, and the value of household services the deceased would have provided.
  2. Non-Economic Damages: These account for intangible losses like loss of companionship, comfort, guidance, and emotional support that the deceased provided to their family.
  3. Punitive Damages: In some cases where the wrongful act was particularly reckless or intentional, punitive damages may be awarded. These are intended to punish the defendant and deter similar behavior in the future.
  4. Medical Expenses: If the deceased incurred medical bills related to the injury or illness that led to their death, these expenses can also be recovered.
  5. Loss of Inheritance: If applicable, this covers the potential inheritance the deceased would have left to their heirs.

The compensation available depends on the specifics of the case, including the nature of the wrongful act, the losses incurred, and the relationship between the deceased and the claimants. It’s important to consult with a qualified wrongful death attorney to explore and pursue the appropriate compensation options.

Understanding the Emotional Impact of Wrongful Death on Families

The emotional impact on families who have lost a loved one due to wrongful death can be profound and lasting. Grieving family members must cope with the sudden loss while also navigating complex legal proceedings. Emotional distress is not only a consequence of the death itself but also from handling the administrative and legal ramifications that follow. Many families experience symptoms of acute stress, anxiety, and depression, requiring psychological counseling and support. Support groups and grief counseling can provide avenues for dealing with such severe emotional upheaval, while legal support can alleviate the strain of dealing with the aftermath alone.

The Role of Investigation in Wrongful Death Cases

Thorough investigations are crucial in wrongful death cases to establish liability and causation. This involves gathering all available evidence, interviewing witnesses, and often working with specialists such as accident reconstruction experts or forensic analysts. For instance, in a car accident leading to wrongful death, investigating officers and independent analysts will look at skid marks, vehicle damages, dashcam footage, and road conditions. Similarly, in cases of medical malpractice, medical records, expert opinions from healthcare professionals, and the patient’s medical history play pivotal roles. Effective legal teams leverage these detailed investigations to build a compelling case for the bereaved family.

Common Asked Wrongful Death Questions

What is wrongful death, and when does it apply in legal terms?

Wrongful death occurs when a person dies due to the negligence or misconduct of another party. In legal terms, it applies when the direct actions or negligence of one party result in the death of another, and had the victim survived, they would have been eligible to file a personal injury claim themselves. This allows the family or estate of the deceased to seek damages for their loss.

What kind of compensation can families seek in a wrongful death lawsuit?

Families can seek various forms of compensation in a wrongful death lawsuit, including medical expenses incurred before the deceased’s death, funeral and burial expenses, loss of the deceased’s expected earnings, loss of benefits (like pension plans or medical coverage), and non-economic damages such as loss of companionship, pain and suffering, and mental anguish.

What is the statute of limitations for filing a wrongful death claim in California?

In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. Failing to file within this timeframe typically bars the family from pursuing compensation through a lawsuit unless specific exceptions apply.

How do the causes of wrongful death like car accidents and medical malpractice differ in handling legally?

Each cause of wrongful death may involve different legal considerations and standards of proof. For example, car accidents often require showing that the other driver breached a duty of care through negligent actions like speeding or drunk driving. In contrast, medical malpractice involves proving that a healthcare provider deviated from the standard medical practices, causing harm to the patient.

What role does a wrongful death attorney play in supporting victim’s families?

A wrongful death attorney provides legal representation for the deceased’s family, helping them navigate the complex legal process, gather evidence, and advocate on their behalf in settlement negotiations or at trial. They aim to secure the maximum compensation for the family’s financial and emotional losses, offering guidance and support throughout the case.

Can wrongful death settlements include punitive damages, and under what circumstances?

Punitive damages are not typical in wrongful death claims but can be awarded if the defendant’s actions were particularly reckless or malicious. These damages are intended to punish the wrongdoer and deter similar conduct in the future, going beyond mere compensation of the victim’s family.

How does comparative fault affect a wrongful death claim in California?

In California, which follows a pure comparative negligence rule, if the deceased person is found partially at fault for the incident that led to their death, the total damages awarded can be reduced by their percentage of fault. This means if the deceased was 30% at fault, the compensation awarded would be reduced by 30%.

What evidence is typically required to prove negligence in a wrongful death case?

Evidence required can include eyewitness testimonies, video surveillance, police reports, expert testimony, records of the events leading to the death, and other documentation showing the breach of a duty of care that resulted directly in the wrongful death.

What challenges do families face when pursuing a wrongful death claim?

Families often face challenges such as proving direct causation between the defendant’s actions and the death, dealing with legal complexities, overcoming defense strategies, and handling the emotional distress of reliving the incident during the legal process. Additionally, managing the logistical aspects of court proceedings can add to the family’s burden.

What types of incidents most commonly lead to wrongful death lawsuits in San Bernardino?

In San Bernardino, common incidents leading to wrongful death lawsuits include motor vehicle accidents (car, motorcycle, truck), pedestrian accidents, medical malpractice, workplace accidents, and incidents involving defective products or public premises liabilities.

Why Choose Heidari Law

Heidari Law is a reputable firm that offers valuable services for wrongful death cases, including:

  1. Expertise: The firm’s team of attorneys has extensive experience handling wrongful death cases, providing knowledgeable legal guidance tailored to the specific circumstances of each case.
  2. Compassion: Heidari Law understands the emotional trauma involved in losing a loved one and offers compassionate, client-centered service. They strive to make the legal process as smooth as possible, allowing you to focus on healing.
  3. Comprehensive Support: From filing the necessary paperwork to representing you in court, Heidari Law provides comprehensive legal support. Their team assists with every aspect of the legal process, from investigations to negotiations and litigation.
  4. Proven Track Record: Heidari Law has a track record of successful wrongful death cases, demonstrating their ability to secure favorable outcomes for their clients, including compensation for both economic and non-economic damages.
  5. Accessible Communication: The firm’s attorneys prioritize clear communication, keeping you informed and involved throughout the legal proceedings, ensuring your questions and concerns are addressed promptly.

By choosing Heidari Law, you can trust that your wrongful death case is in capable hands, supported by a team dedicated to achieving justice and peace of mind for you and your family.

Finding a Wrongful Death Attorney in San Bernardino 

California enforces a stringent statute of limitations for filing wrongful death lawsuits, requiring legal action against those deemed responsible to be initiated within a limited timeframe. To avoid any delays in pursuing damages from the responsible party, it is crucial to promptly engage with a knowledgeable attorney. In San Bernardino, California, the Heidari Law Group offers experienced wrongful death attorneys prepared to advocate for the surviving family members of the deceased.

The Heidari Law Group’s team in San Bernardino is dedicated to delivering compassionate and effective legal representation. For a comprehensive understanding of your case and a discussion of your legal options, reach out to the Heidari Law Group for a free consultation. Their expertise can prove invaluable in navigating the complexities of wrongful death claims, ensuring that your rights and interests are fully protected.