Get Answers to Common Questions About Wrongful Death Cases in California
There is no pain worse than that of losing a loved one. If you have found yourself in this position then we hope you are getting the help you need. We also hope that you have considered your options in filing a wrongful death claim. These cases can help ease financial burdens, provide closure, and help hold the at-fault party accountable – even if the criminal justice system will not or cannot.
Keep reading to get answers to some of the most common questions we get about wrongful death cases. If you have questions, or you want a free case evaluation, please do not hesitate to contact Law Offices of Fernando D. Vargas at 909-982-0707 at your convenience.
What Exactly is a Wrongful Death Case?
It is a lawsuit that is brought against a person who caused or contributed to the death of your loved one. For example, if a drunk driver got into a car accident and one of their passengers or the car they hit was killed, then the drunk driver could be sued for wrongful death. There are many different reasons you can bring a wrongful death case, but it must involve someone acting negligently or recklessly. If it was an accident that could not have reasonably been prevented, then you will likely not have a case.
Who Has the Right to File a Wrongful Death Claim?
There are only certain people who have the legal right to file a wrongful death claim, such as the spouse, domestic partner, or child of the deceased. However, there are exceptions that allow others to file. For example, if the deceased does not have a spouse, domestic partner, or child, then the law allows anyone who would be entitled to their estate to bring a wrongful death case. This may include extended family members.
What Type of Damages Can Be Awarded in a Wrongful Death Case?
The exact damages that you will be awarded will of course vary based on the specifics of the case. However, they could include funeral costs, medical bills, lost income, loss of companionship, emotional distress, and pain and suffering.
How Long Do I Have to File a Wrongful Death Lawsuit and How Do I Start?
Though there are exceptions, in most cases you will have two years from the date of your loved one’s death to file a wrongful death lawsuit. The best way to get started is to contact a personal injury attorney. There are some instances in which you may have significantly less than two years to file your lawsuit, so we recommend you contact Law Offices of Fernando D. Vargas as soon as possible. You can call us a 909-982-0707 for a free legal case evaluation.