There is no way around it: Losing a loved one is a tragedy and it is traumatic. This can be doubly true when the death was caused by negligent or reckless actions. If that is the case with the loss of your loved one, then you may have grounds to file a wrongful death lawsuit. Contact Law Offices of Fernando D. Vargas at 909-982-0707 now to request a free legal consultation.
The Criteria for Filing a Wrongful Death Lawsuit
You cannot file a wrongful death lawsuit for just anyone, and in just any situation. First, you will need evidence of all of the following:
- Your loved one’s death was caused by another party or entity acting recklessly or negligently.
- You and / or your family have suffered financial harm as a result of the injury and accident.
- Your family has appointed a specific person to act for the estate and other family members.
Though you can file a wrongful death lawsuit for any type of accident that meets the above criteria, car accidents are the most common type of accident that leads to a wrongful death lawsuit. However, it may be that you need to file a claim due to medical malpractice, a boating accident, or even criminal activity.
Only Certain Close Family Members Can File a Wrongful Death Lawsuit
Wrongful death lawsuits cannot be filed by just anyone. They must have one of the following relationships with the deceased: surviving spouse, registered domestic partner, child, stepchild who was financially dependent on the deceased, parents who were dependent on the deceased.
There are other specific circumstances in which a long-term partner or distant relative can file, but they are more complicated. Essentially, this is only applicable if the person in question was part of the deceased’s line of inheritance. The personal injury case would still need to be filed by the estate, but the money would be distributed as laid out in the will.
Do You Have Grounds to File a Wrongful Death Lawsuit?
If you believe you may have grounds for a wrongful death lawsuit, then we encourage you to contact Law Offices of Fernando D. Vargas at 909-982-0707. We have made it easy to get started by offering a free legal consultation. We will go over your case, offer our best advice, and let you know what your options are. If we decide to take your case, it will be on a contingency basis. This leaves you with no risk at all because you only pay us if and when we win your case. Call now and let us help you get the closure you need to move on.
