Wrongful Death Lawyer in San Bernardino

Did you lose a loved one as a result of someone else’s negligence or recklessness? This outcome is known as a wrongful death, and cases like these are emotionally overwhelming due to the grief that they impose on the family and friends of the person who passed away. 

At BANA LAW, we recognize how distressing the aftermath of a wrongful death can be, but as unbearable as this situation might seem, you are not alone. With a wrongful death lawyer in San Bernardino by your side, you can trust us to provide you with guidance and compassion. 

Our attorneys have helped thousands of people recover more than $500 million in compensation. With over 100 years of combined experience, you can count on us to fight for justice on behalf of your loved one by serving as your San Bernardino personal injury lawyer.

Understanding Wrongful Death in California 

In the state of California, a wrongful death is legally defined as a death caused by the negligence, recklessness, or intentional misconduct of another party.

These claims are civil in nature, meaning they are pursued in civil court rather than imposing criminal penalties. 

Families often turn to a wrongful death attorney in San Bernardino to understand their legal rights and explore the options available to them under state law. More specifically, these are common causes of wrongful deaths in the area:

• Motor vehicle accidents involving cars, motorcycles, trucks, or pedestrians
• Medical malpractice arising from errors, misdiagnosis, or inadequate treatment
• Workplace accidents in construction, manufacturing, or other high-risk industries
• Defective products such as faulty auto parts, dangerous drugs, or unsafe equipment
• Premises liability incidents—like unsafe property conditions—leading to fatal injuries
• Criminal acts, such as assaults or other intentional harm

While criminal charges may also arise from some of these situations, a wrongful death claim is separate. It specifically focuses on recovering monetary assistance for the victim’s surviving family members.

Who Can File a Wrongful Death Claim in San Bernardino?

California law strictly defines who has the right to bring a wrongful death lawsuit. The following parties are eligible to take legal action on behalf of their deceased loved one:

• The deceased person’s surviving spouse or domestic partner
• The deceased person’s children
• A putative spouse and their children, if they were financially dependent on the deceased
• Stepchildren or parents who were financially dependent on the deceased

If there are no surviving children, the deceased person’s heirs—as determined by California’s intestate succession laws—can file a wrongful death claim. 

This structure makes sure that those who are directly impacted by the victim’s death have the right to seek justice. Multiple eligible parties may join in one lawsuit to avoid conflicting claims.

Survival Actions vs. Wrongful Death Claims

In addition to wrongful death claims, California law allows for survival actions. 

While wrongful death claims compensate surviving family members for their losses, survival actions allow the estate of the deceased to recover damages the person could have claimed had they lived.

These are examples of damages available in survival actions:

• Medical expenses incurred between the time of the injury and death
• Lost income the deceased would have earned in that same period
• Property damage caused by the defendant’s conduct

Both claims can be filed simultaneously, but they serve distinct purposes. Wrongful death focuses on the survivors’ suffering, while survival actions focus on the deceased’s own damages.

Types of Compensation Available

California law permits several categories of damages in wrongful death cases. These damages are divided into economic and non–economic losses.

Economic Damages

These represent measurable financial losses caused by the death, such as:

• Funeral and burial expenses
• Loss of financial support the deceased would have contributed to the household
• Loss of benefits such as health insurance, pension plans, or retirement contributions 
• Value of household services the deceased would have provided 

Non-Economic Damages

These damages address the intangible suffering experienced by surviving family members:

• Loss of companionship and protection
• Loss of guidance, training, and nurturing for surviving children
• Loss of intimacy and consortium for surviving spouses or partners
• Emotional pain and suffering caused by the unexpected loss

It’s important to note that California does not permit punitive damages in wrongful death cases, except in rare situations where the death resulted from a felony homicide. However, punitive damages may be available in survival actions when appropriate. 

Wrongful Death and Comparative Negligence in California

California follows a pure comparative negligence rule, which means damages can be reduced if the deceased is found partially at fault for the incident. 

For example, if a jury awards $1 million in damages but determines the deceased was 30% responsible for the accident, the family would only be able to recover $700,000. 

This rule ensures fairness by distributing liability proportionately, but it also makes thorough investigation and evidence collection crucial in wrongful death cases.

Contact Our San Bernardino Wrongful Death Law Firm ASAP 

Losing a loved one in a preventable accident is a painful experience for any family. If someone else’s negligence caused the death of someone you cared about, you shouldn’t have to take on the task of seeking justice on your own.

At BANA LAW, our San Bernardino wrongful death lawyers are here to support you during such a difficult time. We are committed to helping families like yours hold the negligent parties accountable as we pursue the compensation you need to ease your financial pressures.

Reach out to us today. As soon as you contact our wrongful death law firm in San Bernardino, we’ll start guiding you through the legal process and letting you know what to expect as we proceed. We’re here to stand by your side every step of the way.