Losing a loved one due to someone else’s negligence is a devastating experience that can leave families facing emotional and financial uncertainty. A wrongful death claim allows surviving family members to seek accountability and compensation for the losses they have suffered.
At Omega Law Group Accident & Injury Attorneys, founded in 2016, our wrongful death lawyers in San Bernardino help families understand their rights and take the next steps with confidence and care.
When you’re ready, we are offering free consultations to help you understand your rights and options. Contact our compassionate San Bernardino personal injury lawyers now.
What is Considered a Wrongful Death in California?
Under California law, a wrongful death happens when a person passes away as a result of another party’s negligent, reckless, or intentional actions. These claims are civil cases, meaning they are separate from any criminal charges that may arise from the same incident.
Common Causes of Wrongful Death
One of the most common causes is medical malpractice. When healthcare professionals fail to provide adequate care, it can result in fatal consequences. This can include misdiagnosis, surgical errors, and medication mistakes.
Car accidents and pedestrian accidents are another leading cause of death in San Bernardino. When drivers engage in reckless or negligent behavior, such as speeding, distracted driving, or driving under the influence, they put others’ lives at risk.
Faulty or defective products can also lead to death. This can include faulty manufacturing, inadequate safety testing, or failure to warn consumers about potential risks. Workplace accidents are also a common cause of wrongful death.
Legal Definition and Key Elements
To establish a wrongful death claim, certain legal elements must typically be proven:
- A person has passed away
- The death was caused by another party’s wrongful act or negligence
- Surviving family members have suffered measurable losses as a result
- A personal representative or an eligible family member starts the claim
Understanding these elements is essential when building a strong case. At Omega Law Group, our wrongful death lawyers in San Bernardino
Who Can File a Wrongful Death Claim in California?
California law limits who is eligible to file a wrongful death claim. Generally, the following individuals may have the right to bring a claim:
Immediate Family Members
- Surviving spouse or domestic partner
- Children of the deceased
Other Eligible Parties
If there are no direct descendants, other individuals may qualify, such as:
- Parents of the deceased
- Siblings in certain situations
- Individuals who were financially dependent on the deceased
Personal Representative of the Estate
A personal representative may file the claim on behalf of the estate and surviving family members. Determining eligibility can become complicated, especially in blended families or cases involving multiple dependents.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in San Bernardino are here to help.
(310) 526-8383
How Partial Fault Affects Wrongful Death Claims
Liability in wrongful death cases is not always clear-cut. California follows a pure comparative negligence system, which means that parties can recover compensation even if they hold most of the blame for an accident.
Shared Fault Between Parties
If the deceased person was partially at fault for the accident, compensation may still be available. However, the total recovery may be reduced based on their percentage of fault.
Multiple Liable Parties
In some cases, several parties may be responsible for the death, such as:
- A negligent driver
- An employer
- A property owner
- A manufacturer
Each party may be held financially responsible for its share of liability.
Why Liability Matters
Establishing liability is one of the most important parts of a wrongful death case. A thorough investigation can help identify all responsible parties and maximize the compensation available to surviving family members.
What Compensation is Available in a Wrongful Death Case?
A wrongful death claim allows families to recover compensation for both financial and non-financial losses.
Economic Damages
These damages are intended to cover measurable financial losses, including:
- Funeral expenses
- Medical bills leading up to death
- Loss of financial support
- Loss of benefits such as health insurance or retirement contributions
Non-Economic Damages
These damages address the emotional impact of losing a loved one, including:
- Loss of companionship
- Loss of care and guidance
- Emotional suffering experienced by surviving family members
- Pain and suffering
Every case is different, and the value of a fatal personal injury claim depends on the circumstances surrounding the loss. Our law firm can help you understand more about the specific types of compensation you can pursue in your situation.
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in San Bernardino are here to help.
(310) 526-8383
Statute of Limitations for Wrongful Death Claims in California
It is important to act quickly after a wrongful death. California law generally limits the amount of time you have to file a claim after a fatal accident.
In most cases, you have two years from the date of death to file a wrongful death lawsuit. If you miss this deadline, you may lose your right to pursue compensation. That’s why it’s important to get in touch with Omega Law Group immediately after death has occurred.
Did your loved one suffer a
wrongful death?
(310) 526-8383
How a San Bernardino Wrongful Death Lawyer Can Help
California wrongful death claims can be overwhelming, especially while grieving. Omega Law Group is here to provide guidance and handle the legal process on your behalf.
Investigating the Case
Our law firm will gather evidence, review records, and work with professionals to determine how the death occurred and who is responsible.
Identifying All Liable Parties
Our personal injury team looks beyond the obvious to identify every party that may share responsibility for your loss.
Calculating Full Damages
We evaluate both financial and emotional losses to ensure your claim reflects the true impact of your loved one’s death.
Handling Insurance and the Legal Process
Our personal injury lawyers manage communications, negotiations, and legal filings so you can focus on your family.
Providing a Free, Confidential Consultation
We offer a free consultation to discuss your case, answer your questions, and explain your legal options after losing a loved one.
Get a Free Consultation With Our San Bernardino Wrongful Death Attorneys Today
If you have lost a loved one due to someone else’s negligence, you do not have to face the legal process alone. Omega Law Group is here to support you with compassionate and dedicated representation.
Contact our wrongful death lawyers in San Bernardino today for a free consultation and learn more about your rights. You can also visit our FAQ page to get additional information about wrongful death claims and what to expect moving forward.
