Wrongful death is a situation where someone loses their life due to the (usually negligent) actions of another person. This can occur in a wide range of situations in San Bernardino County and elsewhere in both California and the country at large. The CDC reports that in 2005 there were over 45,000 motor vehicle fatalities that would classify as wrongful deaths.
If this is a situation that you find yourself in, gathering as much information as possible about who can file a claim and where it should be filed is the key to making sure everything ends in the way you need it to.
Who Can File a Wrongful Death Claim?
In San Bernardino County, along with most of the other 50 states, the following are a few examples of the types of people who can bring a wrongful death claim to court:
• The deceased person’s spouse.
• Parents of minors who have been killed.
• Parents of adult children who have been killed.
• Minors, in the event that their parents were the victims of a wrongful death.
• Adult children if the victim was an adult parent.
In order to successfully prove that claim, those bringing about the wrongful death action will usually have to prove negligence on behalf of the deceased. They will need to be able to show not only that someone was negligent of their duty of care, but that the negligence directly contributed to the death of the person in question. Note that this is the same burden of proof that the deceased person would be required to show had they survived the accident that they sadly became a victim of.
Harshbarger Law – Your Legal Experts
Whenever a loved one unfortunately passes away due to an event like a wrongful death situation, it can be an incredibly stressful and difficult time. One of the major reasons why it’s important to seek legal help immediately is to take as much of the stress and hassle off your plate as possible, so that you can get back to doing the most important thing of all – caring for your loved ones through such emotional turmoil.
If you’d like to find out more information about wrongful death claims in San Bernardino County, or if you have any other important legal questions that you want answers to, please don’t hesitate to contact Harshbarger Law right away.