In most every case in which someone dies as a result of someone else's misconduct or negligence, a victim often leaves behind family members that must learn to live without the physical, emotional and financial support that that individual once provided.
Unless criminal negligence resulted in a person's death and a trial can be held, then there is often only one remedy that our legal system here in the United States permits to help families cope with their loss. It's one that allows for monetary damages to be imposed in situations like this. In criminal cases, it's even possible for a defendant to be prosecuted for his or her crimes and then sued civilly for his or her malicious acts.
Wrongful death lawsuits are often filed when an individual's loved one dies in an airplane or automobile crash, as a result of a workplace injury or illness, medical malpractice, during the commission of a crime or some type of supervised activity.
Surviving family members of a deceased individual are eligible to file a wrongful death lawsuit provided there are certain criteria that must be met.
First, someone must have died. Second, that person's death must have resulted from someone intentionally inflicting harm upon them or because of someone else's negligence. Third, the deceased family members' death must be causing some kind of financial burden for his or her dependents.
A personal representative must have also been appointed to handle the decedent's estate before any wrongful death lawsuit can be filed.
If you've lost a loved one due to the negligence of another or during the course of a commission of a crime, then a San Bernardino attorney can advise you of the next steps you should take in your legal matter.