If you have lost a loved one in an accident that was partially or entirely caused by another person acting negligently or recklessly then you may have grounds for a wrongful death lawsuit. At Law Offices of Fernando D. Vargas we work with many clients who have questions about these cases. Read on to get answers to some of the most frequently asked questions. If you still have questions, or you’re ready to talk about your case, reach out to us at 909-982-0707 for a free legal consultation.
What is wrongful death?
In the state of California, wrongful death refers to a situation in which a person is killed by someone who is liable in their death but who did not deliberately or directly cause their death. Put simply, a wrongful death case is one in which the defendant’s negligence led to someone’s death.
Who can file a wrongful death suit?
In the state of California, only certain people can file a wrongful death lawsuit. This includes the spouse, registered domestic partner, and children of the deceased. In the event that none of those people exist then whoever inherits the estate may file a wrongful death case. In some cases, stepchildren and parents of the deceased may be able to file a wrongful death lawsuit, but only if they relied on the deceased for financial support.
What are the most common causes of wrongful deaths in California?
Some of the most common reasons that a person files a wrongful death case in California is if a person dies due to dangerous exposure to a chemical, medical malpractice, defective products, car accidents, construction accidents, motorcycle accidents, construction accidents, criminal actions, work accidents, boating accidents, plane accidents, and drowning accidents.
What’s the timeframe in which I can file a wrongful death lawsuit?
As is true in most states, California does not allow wrongful death lawsuits to be filed forever. In most cases, they must be filed within two years of the death, though in some cases that timeframe is whittled down to just one year. This is one of the reasons we recommend you contact Law Offices of Fernando D. Vargas sooner rather than later.
Can a wrongful death case be brought if the victim was elderly or a child?
Yes. However, it is likely that the compensation will be significantly less than it would be if the victim were an adult. This is due to the way the damages are calculated. One of the largest parts of damage awards is lost wages. If the person in question is a child or a retired person, then this will not be a large factor in the case.
If you believe that you have grounds for a wrongful death lawsuit then we strongly recommend you contact Law Offices of Fernando D. Vargas at 909-982-0707. We can start with a free legal consultation. If it turns out you do have a case and you want to work with us, we will take your case on a no-risk contingency basis, which means you won’t pay a penny unless we win your case.
