Skilled Wrongful Death Lawyers Serving San Bernardino, CA
In California, surviving spouses, domestic partners, children, and financial dependents can file a wrongful death lawsuit when a family member is killed through another party’s negligence or misconduct (CCP § 377.60). You have two years from the date of death to file. Compensation can include lost financial support, funeral costs, the loss of love and companionship, and — in cases involving malicious or reckless conduct — punitive damages. Our San Bernardino wrongful death attorneys offer free consultations and work on contingency – you pay no attorney fees unless we win.
A wrongful death lawsuit is filed by the families of deceased individuals who are killed through the reckless actions or negligence of others. Negligence in a wrongful death case means that someone was careless and due to that carelessness someone else was killed. The guilty party may be an individual, business, corporation, or government entity. Wrongful deaths typically involve auto accidents, homicides, defective products, or work-related deaths. Our San Bernardino wrongful death attorney is here to fight for you and your family.
Wrongful deaths can leave loved ones not only grieving but in financial chaos. Due to the sudden nature of the tragedies, they often leave the deceased’s estate unprepared to care for the family left behind. If there is no insurance or savings, a San Bernardino wrongful death attorney and a lawsuit may be the key to keeping bills paid, paying for a college education, or keeping a family home.
Our San Bernardino wrongful death lawyers understand the difficulty facing families in the wake of wrongful death. Wrongful deaths are the most serious type of litigation and may be the only way to bring a sense of closure to the survivors.
San Bernardino Wrongful Death Attorneys With Experience
Our San Bernardino wrongful death attorneys are experienced and can advise you to the best course of action following the death of a loved one. There are several reasons that you can expect to be compensated in a wrongful death lawsuit.
ECONOMIC DAMAGES (no cap): Lost financial support — calculated using the deceased’s salary, career trajectory, and actuarial life expectancy tables; Lost household services; Medical and emergency care costs from the fatal incident; Funeral and burial expenses.
NON-ECONOMIC DAMAGES: Pain and suffering of the family of the deceased individual Punitive damages, a penalty that can be assessed to the guilty party, which sends a message that his or her actions or negligence is not acceptable
Our firm has a long history of holding negligent parties accountable for wrongful deaths across Southern California. View our documented case results: Verdicts & Settlements
If a loved one’s death has occurred due to any type of accident or misconduct, such as car, motorcycle, bicycle, truck, or pedestrian accidents, you may be entitled to recover damages from those liable. This includes individuals, companies, organizations, and their insurance providers. Compensation can cover the survivors’ loss of financial support, love, care, comfort, guidance, solace, affection, moral support, protection, benefits, household assistance, societal contributions, as well as funeral and burial expenses. In certain cases, where intentional or reckless behavior like drunk driving is involved, punitive damages may also be claimed. In the case of an accident, our San Bernardino car accident lawyer can help you.
Frequently Asked Questions — Wrongful Death in San Bernardino
Under CCP § 377.60, eligible claimants include: surviving spouses or domestic partners, children of the deceased, and anyone entitled to the deceased’s property under California intestate succession laws.
Two years from the date of death (CCP § 335.1 via § 377.60). For deaths caused by medical malpractice, CCP § 340.5 may apply — consult an attorney immediately, as the clock may be shorter.
Generally, no. Compensation for physical injuries is excluded from gross income under IRS § 104(a)(2). Punitive damages, however, are taxable. Consult a tax professional for your specific situation.
Yes. A civil wrongful death lawsuit is completely separate from any criminal prosecution. The civil burden of proof (‘preponderance of the evidence’) is lower than the criminal standard (‘beyond a reasonable doubt’) — so a civil case can succeed even if the defendant is acquitted criminally.
A wrongful death claim (CCP § 377.60) compensates surviving family members for their own losses. A survival action (CCP § 377.30) compensates the estate for the deceased’s pre-death suffering and economic losses. Both can be filed simultaneously.
California’s comparative fault rules apply. The family’s recovery is reduced by the deceased’s percentage of fault. For example, if the deceased was 25% responsible for a truck accident, the family recovers 75% of the total damages award.
Understanding Wrongful Death vs. Survival Action: What’s the Difference?
Many families don’t realize that two separate legal claims are available after a wrongful death in California — and both are often filed in the same case.
WRONGFUL DEATH CLAIM (CCP § 377.60): This claim belongs to the surviving family members — not the estate. It compensates survivors for their own losses: lost financial support, loss of companionship, love, guidance, and household services. It does NOT include the deceased’s pre-death pain and suffering.
SURVIVAL ACTION (CCP § 377.30): This claim is brought by the estate and compensates for what the deceased suffered between the injury and death: medical expenses, lost earnings, property damage, and — critically — their pain and suffering before they died. Punitive damages can be sought in a survival action but NOT in a wrongful death claim. An experienced attorney will file both claims simultaneously to maximize total recovery.
Contact Our San Bernardino Wrongful Death Attorneys To Protect You
At Aitken * Aitken * Cohn, we bring years of experience in providing empathetic, nurturing support to bereaved families while aggressively pursuing financial compensation and holding the responsible parties accountable. During such a challenging period following the loss of a loved one, our aim is to alleviate as much stress as possible. To ensure that the accountable parties and their insurers fully comprehend the depth of your loss, we will have a private consultation with you to gain a comprehensive understanding of your departed loved one, their significance in your life, and the suffering you’ve endured due to their passing.
If your loved one was killed through the actions or negligence of another party, our San Bernardino wrongful death lawyers want to help. Serious litigation of this nature requires the attention and skills that only an experienced wrongful death attorney can give. It’s also beneficial to know the California statute of limitations on wrongful death suits. Contact the Aitken * Aitken * Cohn Law Firm to speak with a qualified San Bernardino wrongful death lawyer today.
