Only Specific Family Members can Sue in a San Bernardino Wrongful Death Claim

wrongful death

The families of San Bernardino attack victims have sued social media companies for wrongful death, according to a Los Angeles Times May 2017 article.

The families filed a wrongful death claim in U.S. District Court for the Southern District of California against Google and social media sites Facebook and Twitter. They allege the companies allowed the Islamic State to build an online presence and disseminate its extremist beliefs. The presence allowed it to recruit and promote attacks like the December 2, 2015 shooting at the Inland Regional Center.

In the 2015 attack, Syed Rizwan Farook and his wife, Tashfeen Malik, shot 14 people. A total of 22 people were injured during the attack. The families of some of the victims claim the social media and Internet companies allowed the posting of content supportive to Islamic State that radicalized the couple.

In other words, the defendants were liable for aiding and abetting wrongful death, international terrorism, and providing support for terror groups.

The defendants, in their response filed with the court, sympathized with the families. However, they claim no liability in the victims’ death.

What is a San Bernardino Wrongful Death Claim?

A wrongful death claim is a personal injury lawsuit filed on behalf of a loved one killed because of someone’s negligence. The lawsuit seeks to recover damages, or money, related to their loved one’s untimely death. The reason it is a wrongful death is because it is an untimely death cause by the negligent acts of a company or person.

Not every family member can sue for their loved one’s death. California personal injury law permits only certain family members to file such a claim.

Immediate San Bernardino Family Members are Allowed to File a Wrongful Death Claim

Family members or a deceased person, commonly called survivors, can file a wrongful death claim separately or jointly. Jointly refers to one of more family members filing one lawsuit together. The immediate family members, or surviving relatives, who can file a wrongful death claim are the loved one’s spouse and children.

If the Loved One had No Spouse or Children, a Wrongful Death Claim can Still be Filed

In certain situations, an individual who dies because of a negligent act may not have children or a spouse. According to California wrongful death law, a small group of family members are then allowed to file a claim. The family members next in line to file a claim are the victim’s:

  • Parents
  • Siblings
  • Children of the loved one’s siblings
  • Grandparents
  • Any lineal descendants

However, if the victim does not have any of those family members, another set of relatives can file a claim. They include:

  • Putative spouse
  • Children of the putative spouse
  • Stepchildren

When experience counts, you can trust the San Bernardino wrongful death lawyers at Sanford A. Kassel, A Professional Law Corporation.

Your family member had a long life ahead of him or her. Now you are left to pay the expenses related to your loved one’s death. Let us help you obtain the money you need to pay your loved one’s expenses. Contact us.