What Is the Average Wrongful Death Settlement in San Bernardino?

Losing a loved one is never easy, but it can be especially hard to handle when you know the loss was at the hands of another person or entity. If you’ve lost someone due to another person’s misconduct or negligence, you may be entitled to compensation. Sounds promising, but you may be asking yourself: What is the average wrongful death settlement in San Bernardino?

Understanding Wrongful Death Cases in California

The death rate in San Bernardino County has been fairly stable in recent years, coming in at about 886 deaths per 100,000 people. Life expectancy is approximately 78.3 years for Californians, with many living happy, healthy, and fulfilling lives.

No one wants to think about death, but everyone faces it at some point. Unfortunately, it can even come early for some. The premature death rate has been around 515.4 per 100,000. Premature deaths refer to people who passed before the age of 75.

These premature deaths can often be the result of unintentional injuries from incidents like:

• Defective products
• Motor vehicle accidents, including car, truck, and motorcycle crashes
• Premises liability accidents
• Slip-and-fall accidents
• Train/transportation accidents

Under California law, the spouse of a victim has the primary right to file a wrongful death claim on behalf of the decedent within two years of their death. They can waive this right to allow a child or dependent minor under the decedent’s legal case to file the claim instead. If none of these people are still around, beneficiaries or heirs may be able to file it.

Three Things That Can Impact Your Total Settlement Amount for a Wrongful Death Case in San Bernardino

If you’re filing a wrongful death claim, you’re likely curious about how much you may be able to be compensated. It can be difficult to give a realistic estimate of your potential settlement amount without knowing more about your specific situation. There are many factors that can influence the settlement total, including:

1. The details of the case
2. The negotiation process
3. Whether or not you enter litigation

When it comes to determining settlement amounts for wrongful death cases, insurance providers or the court try to look at the bigger picture. They analyze things like how much the victim suffered before they passed, who they left behind, and how much support their surviving spouse and family may need now that they are gone.

It’s important to have evidence on your side to back up your claim so you can pursue the maximum settlement amount. A San Bernardino wrongful death lawyer can help with this process, so you can rest assured you have all the information you need to present a strong case.

Like personal injury cases, most wrongful death cases are settled out of court, with both parties reaching an agreement about how much one owes the other. Your ability to negotiate can also determine how much money you may receive.

Insurance providers ultimately want to spend as little money as possible, so it’s likely that they won’t present the amount you deserve on the first try. It’s up to you to enter negotiations and fight for the amount you believe you are owed. Fortunately, your attorney can negotiate for you.

If you and the other party simply can’t reach a settlement agreement, it may be time to consider filing a legal case with the San Bernardino Superior Court. Litigation can be more time-consuming and complex, but it can also be an avenue to ensure you’re compensated if negotiations fall through. Plus, your lawyer can represent you in court and help you navigate any major challenges.

FAQs

Q: What Is the Average Settlement Amount for a Wrongful Death Case in San Bernardino?

A:  The total amount you can win from a wrongful death case can vary depending on the circumstances of your case. The severity of the incident and the impact the victim’s death had on the surviving family members can impact the total settlement amount.

Additionally, your settlement amount depends on how cooperative the at-fault party is during the negotiation process. Most wrongful death cases settle out of court, but you may have to go to trial to seek compensation.

Q: What Types of Damages Can I Recover From a Wrongful Death Case in San Bernardino?

A: A San Bernardino wrongful death lawyer can evaluate your case and determine the types of damages for which you’re eligible. You may be able to recover both economic and non-economic damages from a wrongful death case in California.

This includes compensation for burial and funeral expenses; household services the decedent can no longer provide; loss of benefits, financial support, or gifts from the decedent; loss of companionship and consortium; and the victim’s pain and suffering.

Q: How Are Non-Economic Damages Calculated in a Wrongful Death Case in San Bernardino?

A: Some states use a mathematical formula to calculate settlement amounts in legal cases, but California is not one of those states. Instead, whoever is doing the calculating, likely either an insurance company or a court of law, considers the evidence and calculates a reasonable value based on the severity of the incident and the impact of the victim’s loss of life.

Q: Who Can File a Wrongful Death Claim in San Bernardino?

A: In California, the victim’s spouse or domestic partner has the primary right to file a claim. However, they can waive this right to let someone else file the claim, such as the decedent’s children, grandchildren, or other dependent minors who were under their care. If none of these people are still alive to file a claim, the decedent’s beneficiaries, heirs, or next of kin may retain the right to file a claim.

Talk to a San Bernardino Wrongful Death Lawyer About Your Claim Today

At Gonzales Law Offices, we rely on our wealth of knowledge of personal injury law to build a strong case for every client. If you’re getting ready to file a wrongful death claim, you can count on our attorneys to be there from the initial filing stages through the closing of the case. Contact us to learn more and to set up a consultation with a member of our team today.

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