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Misconceptions About Wrongful Death Lawsuits in San Bernardino

Wrongful death lawsuits are understandably complicated, which has led to a wide range of different misconceptions cropping up over the years. One of the most important ways to guarantee that you’re making the right decisions in terms of whether or not to bring about a wrongful death case in San Bernardino or anywhere else involves clearing up as many of these misconceptions as you can.

All Wrongful Death Situations are Unintentional

Though a wrongful death situation is typically defined as the death of one party due to the negligence or neglect of another, this is not always the case. OJ Simpson, for example, was sued for wrongful death during the 1990s due to the murder of his ex-wife Nicole Brown Simpson and her companion, Ronald Goldman. The case was based entirely on an intentional murder.

Wrongful Death Damages are Limited in Scope

Another common misconception is that damages awarded in a successful wrongful death case are only limited to things like funeral and burial costs, along with the loss of the deceased party’s expected income for the rest of their lives. This is not the case. In fact, there are a wide range of different types of losses that a survivor will likely be able to receive compensation for.

These include but are not limited to ones like:
• Compensation for the pre-death pain and suffering of the deceased party. In wrongful death terminology, this is commonly referred to as a “survival claim.”
• All medical costs that the deceased victim had to pay as a direct result of the injury that they sustained prior to passing away. This is common in medical malpractice wrongful death cases, as huge sums of money are often spent as the result of an improper diagnosis.
• Compensation for the loss of any inheritance that a person would have received.
• Compensation for loss of love and companionship.
• Compensation for a loss of care that a survivor would have received, along with things like guidance and nurturing.