Many people believe that wrongful death and personal injury cases are one and the same. Others believe that survival claims are essentially the same thing as a wrongful death suit. Still others lose a loved one and have no idea what terms apply or who to contact. The right answer is always to contact Law Offices of Fernando D. Vargas for a free initial consultation. We can help you understand your options and walk you through the process.
The definitions of personal injury, survival claims, and wrongful death
To understand the difference between personal injury and wrongful death cases, let’s start by explaining what each of them really means. Survival claims and personal injury exist to compensate a person injured for their suffering, economic damages, and pain. They affect the person who’s actually affected. This lawsuit is filed when the injured person is still alive.
In the event the injured party dies, California state statues does allow their personal injury lawsuit to continue through a survival cause of action. On the other hand, a wrongful death lawsuit is intended specifically for the beneficiaries of a person who’s died. Under a successful wrongful death case, they are entitled to compensation for economic damages, pain and suffering.
Not everyone is eligible to file a wrongful death lawsuit
The simplest way to describe who’s eligible to file a wrongful death lawsuit is like this: any person who would be eligible to inherit money or property under California probate code would be eligible to file a wrongful death cause of action. Depending on the situation, that may include:
- The surviving wife or husband.
- The children of the deceased.
- The dependent stepchildren of the deceased.
- The surviving domestic partner.
- Dependent parents of the person who died.
- Minor children who had been living in the home of the deceased for 180 days or more and were dependent on the person who died for half of their support or more.
Based on these rules, it’s possible for more than one person to assert a wrongful death lawsuit.
Fast action is essential
There are time restraints put on filing wrongful death suits and it is imperative to contact Law Offices of Fernando D. Vargas as soon as possible. We provide a free initial consultation during which we’ll go over your situation and give you our legal opinion about whether or not you have case.
There are a number of reasons to act right away, including:
- Proving and defining liability.
- The ease of identifying all potential defendants in the wrongful death suit.
- Preserving any and all evidence.
- Making a determination about whether or not an estate needs to be created.
- Proving the amount of economic damages.
- Proving value for non-economic damages.
There’s no question that wrongful death cases are complicated and require an attorney with great skill and experience. At Law Offices of Fernando D. Vargas we can gather all the necessary documents, work with investigators, and get in touch with expert witnesses to prove your case. Call us today at 909-982-0707 to begin the process.
