If you’ve lost a loved one due to the negligent or reckless actions of someone else, then you may be wondering how and when to file a wrongful death lawsuit. The best way to get specific answers to your unique case is to call Law Offices of Fernando D. Vargas at 909-982-0707 for a free case evaluation. However, we are also happy to provide the basic information below.
There are many reasons it pays to take action right away
Winning a wrongful death lawsuit requires a lot of things coming together. This is most easily accomplished when you begin to work with a personal injury attorney right away. Why? Because we need to identify all potential defendants, we need to be able to both prove and explain liability, we need to ensure that we have all the relevant evidence, and we need to determine and prove both the amount of your economic damages and the value of your non-economic damages.
As you consider that list of things we must do to win your case for you, it’s easy to see that many of them are time sensitive. After all, the recollection of a witness is likely to become less reliable as time goes on, evidence can be inadvertently destroyed, and we need to show you how to immediately start tracking and proving your economic and non-economic damages. As a result, the sooner you call Law Offices of Fernando D. Vargas the better your chances are likely to be.
The jury isn’t allowed to consider some things you may think are relevant
One of the advantages to working with an experienced personal injury lawyer is that we can walk you through the entire process before we begin. If you work with someone who has less experience, then you could be in for some surprises as the case develops.
For example, a California jury isn’t allowed to consider how sad you are, how much grief you’ve gone through, or your level of mental anguish. They’re not allowed to consider the financial need of the heirs (as in whether they’re wealthy or poor), and they’re not allowed to consider how much the victim suffered. This can be confusing and downright painful for a family to learn as all of these factors feel very relevant.
The good news is that Law Offices of Fernando D. Vargas knows exactly what the jury can and can’t consider and we will both prepare you for it and prepare our case accordingly. For example, in some cases, if an heir witnessed the death or the injury that led to the death, then they may be able to recover damages for emotional distress.
These cases are complicated
No matter how you slice it, a wrongful death case is complicated. You need an attorney that’s skilled, knowledgeable, and experienced. You need an attorney who will hire investigators, work with expert witnesses, and take every step necessary to build your case. Call Law Offices of Fernando D. Vargas at 909-982-0707 for your free case evaluation.
