San Bernardino Wrongful Death Lawyer

Wrongful Death Attorney in San Bernardino, CA

Grieving a loved one’s death is never easy. Adding to the emotional pain, surviving families are faced with the responsibility of addressing loose ends. It can be devastating to find out that a death was caused by negligent and reckless behavior. If you believe the death of a loved one was a product of negligence or misconduct, a San Bernardino wrongful death lawyer can assist with figuring out the next steps.

Belgum, Fry & Van Allen seeks to provide a voice to the deceased by working with their surviving families. We have years of experience in California personal injury and wrongful death laws, and we offer aggressive representation both in and out of the courtroom. Families may experience physical, financial, and emotional losses. We aim to advocate for relief through compensation. Hire a wrongful death lawyer who can advocate on your behalf.

Wrongful Death in California

Not all deaths can be considered wrongful. San Bernardino County has a 886.0 per 100,000 death rate, but these cases may include a combination of natural and accidental deaths. Similarly, a death resulting from an unintentional accident may not meet the wrongful death criteria either.

An individual’s death must be caused by negligence, recklessness, or malicious intent. There needs to be a direct connection between an act and the death of an individual.

Common Causes of Wrongful Death

Wrongful death can have several underlying causes. These causes or events must be considered the primary reasons for death, which is needed to submit a valid wrongful death claim. Common causes may include:

• Medical malpractice
• Motor vehicle accidents
• Slip and fall accidents
• Workplace and construction accidents
• Premises liability
• Defective products

How to Prove a Wrongful Death Claim in San Bernardino

To prove a wrongful death claim, the person filing the claim must be able to show a direct causation between an accident or act and the death of a loved one. More specifically, there are four elements to consider:

• Duty of care: The defendant must have had a duty to provide care to the deceased. This care can be contractual, such as in physician-patient relationships, or implied, as when obeying traffic laws or indicating hazardous areas on a construction site.
• Breach of duty: The defendant acted in a negligent, reckless, or malicious manner. This failure to act upon their duties resulted in the death of a person.
• Causation: The death of an individual was directly caused by the negligent or reckless actions of another person, company, or institution.
• Damages: The person must be able to show they suffered damages from losing a loved one. These damages may be observed through loss of companionship, financial hardships, and emotional distress.

Eligibility for Filing a Wrongful Death Claim in San Bernardino

California’s Code 377.60 establishes who can file a claim on the deceased’s behalf. Typically, this may include domestic partners, spouses, parents, and children. Wrongful death cases are unique since the people directly affected by negligence cannot advocate for themselves. Surviving families, in turn, have the opportunity to seek justice for their loved ones instead.

Available Damages for Wrongful Death Cases

Damages are a form of compensation, and they may be economic or non-economic. Economic damages usually account for tangible financial costs resulting from the death, such as burial expenses, medical and hospital bills, and loss of income. Non-economic damages account for intangible losses, such as emotional distress, and pain and suffering.

The plaintiff may be paid out a combination of both economic and non-economic damages. A 2025 court statistics report showed that San Bernardino County reported over 4,000 wrongful death civil filings, both motor vehicle and non-motor vehicle.

The strength of the evidence presented is a significant indicator of the likelihood of receiving wrongful death compensation. A wrongful death lawyer can help advocate for proper compensation and damages.

FAQs

Can Multiple People File a Wrongful Death Claim in California?

Yes, multiple people can act as plaintiffs in a wrongful death case in California. However, these circumstances are more complex, as all parties must remain in agreement on a variety of issues, including compensation, its allocation, settlement negotiations, and whether to take the wrongful death case to court. The plaintiffs must also work together to review the distribution of damages among them.

Where Should People Go to File a Wrongful Death Claim in San Bernardino?

Residents of San Bernardino City may file a wrongful death claim with the Civil Division of the San Bernardino District, which is located in the San Bernardino Justice Center. Filing a claim locally can help plaintiffs understand their odds of winning by examining outcomes in similar cases in the area. If you have questions about the filing process, you may connect with a San Bernardino wrongful death attorney for assistance.

What Is the Statute of Limitations for Wrongful Death Cases in California?

The statute of limitations for wrongful death cases is typically two years from the time of death of a loved one. Gathering relevant documentation to support your case can take time, so plaintiffs are encouraged to start this process as soon as they are able. If they feel overwhelmed by legal jargon, a wrongful death lawyer can help with submitting a claim in a timely manner.

What Evidence Is Needed to Prove a Wrongful Death Claim?

Several pieces of evidence that can be useful when filing a wrongful death claim. Plaintiffs should collect medical and autopsy records, death certificates, police reports, photographs of the crime scene, documents of motor vehicle or property damages, and the deceased’s financial and employment history. There is no “right” evidence to file a wrongful death claim, but more evidence available could lead to a more favorable outcome.

Hire a Wrongful Death Lawyer Today

At Belgum, Fry & Van Allen, we understand that the wrongful death legal process can be overwhelming, as families may not have the headspace to work through every detail of the case. We hope to ease these burdens by working with our clients every step of the way and ensuring they have the resources and support they need to build their case. Contact us today to schedule a free consultation.