As experienced personal injury lawyers, the staff at Law Offices of Fernando D. Vargas gets a wide range of questions from our clients and potential clients. We can answer your specific questions during a free case evaluation when you call us at 909-982-0707. However, today we’re offering some general answers to questions we are frequently asked about wrongful death cases.
What are the options if a person who had a valid personal injury suit dies?
It’s rare but it does happen: A person has a valid personal injury claim but they pass away before they are able to pursue the action. Whether or not there are recourses available depends largely on how the person died. If they died as a result of something that had nothing to do with the accident injuries, then an executor of their estate or a personal representative may still be able to pursue the case.
In the event that their death was the result of the injuries they sustained in the accident in question, then family members would need to file a wrongful death suit. If your situation is more complicated, feel free to call Law Offices of Fernando D. Vargas for a free case evaluation.
Can wrongful death cases include the loss of a fetus?
When an unborn fetus dies as a the result of a car crash or other type of accident, it’s an unspeakable tragedy for the parents and other members of the family. Whether or not they can pursue a wrongful death case depends on the specifics of the situation. According to California law, family members are not able to file wrongful death cases that relate to an unborn fetus. On the other hand, an infant who died as the result of injuries in an accident is a different case.
What’s the difference between civil and criminal cases?
If a person acted illegally and their actions resulted in the death of another person, then the government may work to hold them accountable in a criminal court. If they’re convicted, then they’ll be punished via jail and other punishments as set forth by the state.
On the other hand, a civil case involves the family members of the person who died in the accident. They can file a wrongful death case to hold the person responsible and seek monetary compensation for the accident. This case won’t lead to criminal punishments, but it can require the defendant to pay restitution to the victim’s family.
Note as well that any evidence used in a criminal lawsuit brought by the state can be used in a civil case. This is why, in most cases, we recommend waiting until any criminal cases are settled before pursuing a civil case. At Law Offices of Fernando D. Vargas, we want to ensure we have every shred of evidence that we can get. A criminal trial may increase our access to that.
Your situation is unique
Hopefully the above information has helped you better understand these specific situations. However, if you still have questions – or if you’re ready to get started – you can call Law Offices of Fernando D. Vargas at 909-982-0707 today for your free case evaluation.
