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Who Can File a Wrongful Death Lawsuit in San Bernardino?

Losing a loved one is an unimaginable experience, and during such difficult times, you need a compassionate ally by your side. At Countrywide Trial Lawyers, we understand the profound pain and challenges you face. If you are seeking justice for your loved one's wrongful death in San Bernardino, we are here to support you. Contact us today at 844-844-9119 to begin your legal journey and ensure that their memory is honored with the justice they deserve.

Losing a loved one due to someone else’s negligence or misconduct is one of the most painful experiences a family can endure. In addition to grief and emotional devastation, you may be left with medical bills, funeral expenses, and a sudden loss of financial and emotional support. California law provides a legal path for certain family members to seek justice through a wrongful death lawsuit.

If you are in San Bernardino and wondering whether you have the legal right to file a wrongful death claim, you are not alone. Many grieving families struggle to understand their rights during this difficult time. At Countrywide Trial Lawyers, we are here to help you navigate the legal process with care, compassion, and a commitment to holding the responsible party accountable.

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What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action brought when a person dies as the result of someone else's negligent, reckless, or intentional behavior. These lawsuits are meant to provide financial compensation to surviving family members who have suffered harm as a result of the loss.

Wrongful death claims in California can arise from a variety of tragic events, including:

  • Car, truck, or motorcycle accidents
  • Pedestrian accidents
  • Medical malpractice
  • Defective products
  • Workplace accidents
  • Criminal acts like assault or homicide

Unlike a criminal prosecution, which is brought by the state and may result in jail time or fines, a wrongful death lawsuit is filed by the deceased’s family or estate and seeks monetary damages.

Who Can File a Wrongful Death Lawsuit in California?

California law outlines exactly who has the legal standing to file a wrongful death claim. These rules are found in California Code of Civil Procedure Section 377.60. According to the statute, the following individuals may file a wrongful death lawsuit:

1. Surviving Spouse or Domestic Partner

The legal spouse or registered domestic partner of the deceased has priority in filing a wrongful death lawsuit. This includes same-sex partners if the domestic partnership was legally recognized.

2. Surviving Children

Biological or adopted children of the deceased also have the right to file a claim. If the deceased had multiple children, they may file the lawsuit together, or one child may file on behalf of all eligible claimants.

3. Grandchildren (If the Children Are Deceased)

If the deceased person’s children have also passed away, the grandchildren may be eligible to file a wrongful death claim in their place.

4. Other Dependent Individuals

If there is no surviving spouse, partner, or children, then others who were financially dependent on the deceased may be eligible for benefits. This includes:

  • Parents of the deceased
  • Stepchildren who were financially supported
  • Putative spouses (someone who believed in good faith that they were married to the deceased)

Each of these relationships must be supported with documentation showing financial dependence at the time of death.

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Who Cannot File a Wrongful Death Lawsuit?

It is essential to recognize that not everyone who was close to the deceased may be eligible to file a claim. Friends, roommates, fiancés, or extended family members, such as cousins, aunts, or uncles, generally do not have legal standing unless they can demonstrate a specific legal or financial dependency.

If multiple parties are eligible, they must either join the lawsuit together or be included in the same legal action. California courts do not allow separate lawsuits for the same wrongful death incident.

Timing Matters: The Statute of Limitations

In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. If you miss this deadline, your claim may be permanently barred.

There are some exceptions to this rule. For example, if the death was caused by medical malpractice or involved a government agency such as a public hospital, different timelines and notice requirements may apply.

To protect your rights, it is important to speak with an experienced wrongful death attorney as soon as possible.

Damages Available in a San Bernardino Wrongful Death Lawsuit

Wrongful death claims are intended to compensate surviving family members for the personal and financial losses they have suffered. The types of compensation available typically fall into two categories: economic and non-economic damages.

Economic Damages

These cover the tangible financial losses related to the death, including:

  • Funeral and burial expenses
  • Loss of the deceased’s expected earnings
  • Medical bills related to the final injury or illness
  • Loss of household services that the deceased would have provided

Non-Economic Damages

These address the emotional and relational impact of the loss, such as:

  • Loss of companionship and emotional support
  • Loss of affection, guidance, and moral support
  • Loss of care and assistance provided by the deceased

Punitive damages may be available in rare cases where the at-fault party’s actions were especially reckless or intentional, such as a fatal drunk driving accident.

Why Legal Representation Matters

Wrongful death claims are emotionally challenging and legally complex. Insurance companies and defense attorneys often try to limit liability or dispute the value of a claim. They may argue about who is eligible to file or minimize the amount of support the deceased provided.

At Countrywide Trial Lawyers, we take the burden off your shoulders. Our attorneys will:

  • Confirm your legal standing to file
  • Gather documentation of your losses
  • Investigate the cause of death
  • Identify all liable parties
  • Handle negotiations and court filings on your behalf

We serve grieving families across San Bernardino with the sensitivity and attention they deserve. Our goal is to help you move forward with financial security and peace of mind while holding the responsible party accountable for their actions.

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Local Insight: San Bernardino Courts and Resources

Wrongful death lawsuits in San Bernardino are typically filed in the San Bernardino County Superior Court. Depending on where the death occurred, police reports may be obtained from the San Bernardino Police Department, the California Highway Patrol, or the San Bernardino County Sheriff's Department.

Suppose the death occurred in a medical setting. In that case, records may be required from institutions such as Arrowhead Regional Medical Center, Dignity Health St. Bernardine Medical Center, or Loma Linda University Medical Center.

Navigating these institutions and procedures can be overwhelming without the guidance of a lawyer. That is why our team is prepared to assist with every detail, from filing paperwork to building a compelling case.

Call Countrywide Trial Lawyers for a Free Consultation

If you are unsure whether you have the legal right to file a wrongful death lawsuit in San Bernardino, we invite you to reach out today. At Countrywide Trial Lawyers, we provide compassionate and thorough legal representation for families facing the unthinkable.

We understand that no amount of money can replace the loss of your loved one. But pursuing justice and financial support can help you find a sense of closure and stability during an incredibly difficult time. Let us guide you through your legal options and fight for what your family deserves.

We serve clients throughout San Bernardino, including Rialto, Highland, Redlands, and the surrounding communities. Contact us by calling 844-844-9119 today for a free, no-obligation case review. You do not pay us unless we win your case.

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