San Bernardino Wrongful Death Lawyer

San Bernardino Wrongful Death Attorney

Losing a loved one is always a tragedy, but a preventable death caused by negligence can be particularly devastating. Along with the emotional toll, families often face unexpected medical bills and funeral expenses during this difficult time.

A San Bernardino wrongful death lawyer from Kenneth M. Sigelman & Associates can help you recover the compensation you deserve and hold responsible parties accountable, securing justice for you and your loved one.

Understanding Wrongful Death Claims in California

A wrongful death claim arises when someone dies as a result of another party’s negligent or wrongful actions. In these cases, the surviving family members can file a claim seeking monetary compensation from the responsible party. Survivors may recover damages for funeral expenses, outstanding medical bills, lost income, lost companionship, and more. This practice aims to hold the responsible party accountable for their actions and provides support to the grieving family.

Common Causes of Wrongful Death Claims in California

Wrongful death claims can result from various accidents and incidents. Common causes of wrongful death claims in California include:

• Automobile Accidents: Many traffic accident deaths occur due to driver negligence, making them preventable if the driver had simply exercised proper care. Wrongful death claims can arise from accidents involving cars, pedestrians, motorcycles, and bicycles.
• Medical Malpractice: Medical professionals in California, such as doctors, surgeons, and nurses, must take an oath to provide a high standard of care. Medical negligence, including a surgical error, anesthesia mistake, incorrect prescription, or misdiagnosis, can all result in a wrongful death.
• Workplace Accidents: Employers in California have a legal duty to provide a safe working environment. Failure to maintain workplace safety can result in injuries or fatalities that can result in a wrongful death claim.
• Product Liability: Defective products can lead to fatal outcomes. Manufacturers, distributors, and retailers are responsible for ensuring their products are safe. If you file a wrongful death claim for product liability, it may involve multiple parties throughout the distribution chain.
• Criminal Activity: Deaths caused during criminal acts can also lead to a wrongful death claim. The criminal may face a separate prosecution, but the victim’s family can pursue compensation for damages with their own claim.

Types of Compensation in a California Wrongful Death Claim

If your loved one’s death was caused by someone else’s negligence, you may be entitled to various forms of compensation. An experienced San Bernardino wrongful death lawyer from our firm can help you understand what compensation you might be owed. Typical compensation in a successful wrongful death claim can include:

• Funeral Expenses: Families can seek reimbursement for reasonable funeral and burial costs. Compensation can be requested to align with the deceased’s specific last wishes.
• Medical Bills: If the deceased incurred medical expenses prior to passing, the family can claim compensation for these costs.
• Loss of Wages: Families who were financially dependent on the deceased may seek compensation for income lost during the time the deceased was unable to work prior to their passing. You might even be able to recover income the deceased would have earned if they had lived, based on their expected income and age.
• Loss of Companionship: Surviving spouses, domestic partners, and close relatives can claim noneconomic damages for the loss of affection or guidance provided by the deceased.
• Loss of Retirement/Pension: If the deceased had a retirement account or pension, the family may claim compensation for the lost future benefits.
• Punitive Damages: In the case of egregious negligence or criminal actions, the court may award punitive damages to penalize the defendant. This varies based on the severity of the charge and the defendant’s financial status.

Work With a Skilled San Bernardino Wrongful Death Lawyer

When you hire a law firm to handle your wrongful death claim, they should act swiftly to preserve any critical evidence and work to secure both maximum compensation for your losses and justice. A skilled personal attorney in San Bernardino can help you build a strong claim by identifying the cause of death, determining who is legally responsible, gathering evidence, reviewing medical records, and interviewing witnesses, all while representing you in and out of the courtroom.

The team at Kenneth M. Sigelman & Associates can offer you compassionate guidance as you navigate California’s wrongful death legal proceedings. We are dedicated to lifting the legal burdens you’re facing so that you can focus on grieving. Don’t wait to see how our skilled team of San Bernardino wrongful death lawyers can help you today.

FAQs

Do You Have to Pay Taxes on a Wrongful Death Settlement in California?

In California, most wrongful death settlements are not taxable. However, portions of the settlement, such as punitive damages or interest, may be taxable. If the settlement compensates for lost wages the deceased would have earned, that total is subject to taxation. Your wrongful death attorney can help you navigate the tax implications that are specific to your settlement.

What Is Considered a Wrongful Death in California?

A wrongful death in California occurs when someone’s negligence, recklessness, or intentional actions cause another person’s death. Common examples of this in San Bernardino might include medical malpractice, car accidents, workplace accidents, or acts of violence. Wrongful death claims allow the surviving family members to seek compensation for financial and emotional losses, such as funeral expenses and loss of income.

Can the IRS Take Money From Any Legal Settlement?

The IRS can take money from certain legal settlements, depending on the nature of the compensation received. Settlements for physical injuries or illnesses are typically tax-exempt if no punitive damages are included. However, compensation for emotional distress, lost wages, interest, and punitive damages are taxable. If you owe back taxes, the IRS can seize part of your settlement to cover your debt.

How Are Wrongful Death Settlements Calculated in San Bernardino?

Wrongful death settlements are calculated based on economic and noneconomic losses suffered by the deceased’s family. Economic damages include medical bills, lost wages, funeral expenses, and lost benefits, such as retirement funds. Noneconomic compensation includes the loss of emotional support, companionship, and guidance. The final settlement depends on many factors, such as the deceased’s age, earning potential, and the impact of their death.

Your San Bernardino Wrongful Death Lawyers

If you’ve lost a loved one due to negligence, contact the offices of Kenneth M. Sigelman & Associates today. Our experienced team can help your family pursue justice and rightful compensation for your loss, walking you through the legal complexities of your San Bernardino wrongful death case.