Losing your loved one in a tragic accident is definitely a devastating event in your life. Whether he or she was pronounced dead at the scene or he or she succumbed to serious injuries, your loved one's sudden demise could have tremendous effects on you and your family's life. It could be tough for you and your family financially, especially if he or she is the one that provides for you and your family member's needs. Moreover, love, affection, and other intangibles that connect you, your family, and your deceased loved one are lost. Overall, your loved one's death becomes unbearable and hard to believe, especially if the sudden demise was caused by the negligence of another person or entity. In such trying times, mourning is not the only thing you must do. In fact, you must be aware that you and your family are entitled to recover compensation from that other person or entity you believe is responsible for your loved one's death. For this to happen, it is imperative that you file a wrongful death claim.

However, take note that doing so without a legal representative is not a very practical action to take. To begin with, the legal process that entails the settlement of your wrongful death case is complicated and it would be difficult for you to understand it. In addition, it is likely that the insurance company of the other party may try to settle your claim, but not going towards your favor. So in order to prevent these circumstances from happening, then it would be in your best interest to hire a top San Bernardino personal injury attorney who specializes in wrongful death cases.

How a wrongful death claim is brought up

Basically, wrongful death is one form of personal injury in which the death of an individual is caused by the liable party's negligence or misconduct. The liable party, or the defendant in the case, could either be an individual or an entity. Surviving members of the deceased person or any qualified person not blood-related to the deceased can file a wrongful death claim against the defendant.

But how is brought up? For the lawsuit to come into fruition, certain elements must be present in it, and these include the following:

‚¬ The person's death is due to the negligence of another person or entity;
‚¬ The immediate family members of the deceased suffered major losses; and
‚¬ A representative appointed to handle the deceased person's estate must be present.

Wrongful death claims often stem from various personal injury accidents, including, but not limited to, the following:

‚¬ Motor vehicle crashes (automobile, motorcycle, bus, truck, or pedestrian accidents)
‚¬ Occupational accidents or mishaps that happen in the workplace
‚¬ Premises liability accidents such as slip and fall
‚¬ Defective product accidents
‚¬ Animal attacks such as dog bites
‚¬ Medical malpractice

About wrongful death laws in California

Filing a wrongful death claim with the expertise of a San Bernardino personal injury lawyer will not only allow you to obtain full compensation from the liable party responsible for your loved one's death, but will also give you an idea of wrongful death laws in the State of California. As it is, a wrongful death claim filed in the San Bernardino or any part of California can be filed by any of the following eligible persons:

‚¬ The deceased person's spouse;
‚¬ The deceased person's domestic partner;
‚¬ The deceased person's children, stepchildren, and/or grandchildren;
‚¬ The parents of the deceased (as long as they were dependent on him or her before he or she died); or
‚¬ Any eligible person tasked to oversee the deceased person's estate (if he or she doesn't have children or grandchildren).

Moreover, you and your family members must file the wrongful death claim within a certain time limit, according to the prevailing statutes of limitation in California. If the accident was a slip and fall, motor vehicle accident, or defective product, then you and your other surviving members have to file a claim within two years of your loved one's death. If your loved one's death was due to medical malpractice, then you must file a wrongful death claim within three years of the date of injury.

Contact a wrongful death attorney immediately

Consulting with the best personal injury lawyers in San Bernardino is the first step in securing a settlement from the liable party. Not only that, but you and your family members would be ensured that you obtain the justice that you and your family you deserve for your deceased loved one. You must contact one right away so that you won't have to deal with unnecessary inconveniences that may come your way.