Learn the Basics of Wrongful Death Cases and Who Has the Right to Bring One

There is no getting past the fact that a circumstance that results in a wrongful death case is tragic. In addition to the emotional suffering you presently experience, it is possible that you will have challenges in the future as you figure out how to deal with the legal industry.

The good news is that you have assistance available. We are prepared to use our years of expertise at Law Offices of Fernando D. Vargas to make this procedure as easy and uncomplicated as we can. For a free legal consultation, contact us at 909-982-0707.

Wrongful death claims are distinctive in a number of ways

There are several ways in which a wrongful death case differs significantly from other sorts of judicial processes. They are distinct from criminal processes in the first place since a successful criminal proceeding results in jail term for the guilty party. The prosecutor has complete authority over criminal matters, although the victim’s family may file a civil complaint.

Not everybody is eligible to bring a wrongful death claim

The eligibility requirements for wrongful death lawsuits in California are very clear. Only specific individuals who were reliant on the deceased and very close family members are eligible to file a wrongful death claim. This covers the deceased’s spouse, registered domestic partners, and children. Putative spouses, parents, and stepchildren may file a wrongful death claim if they were financially reliant on the deceased.

There is a caveat to this generalization. Anyone who would be entitled to the deceased’s inheritance through intestate succession, in the absence of any survivors in the line of descent, has the legal right to initiate a wrongful death case. A parent or sibling, for instance, could be able to bring a wrongful death claim in this situation.

In general, there are two types of wrongful death lawsuits

There are a variety of damages that can be sought, but they can be divided into two broad categories: payment to the decedent’s estate and payment to the decedent’s heirs for harms they suffered as a result of the decedent’s passing.

The estate would be compensated for items like missed wages, funeral and burial costs, accident-related medical expenditures, and the income they would have earned for the remainder of their natural lives. The loss of the home services, financial assistance, and love, affection, and direction that the deceased person would have supplied may be made up for by the compensation given to the family for their own injuries.

There is a straightforward remedy if you are unsure of your eligibility to bring a wrongful death lawsuit: Speak with an accomplished personal injury lawyer who can assist you. For a free legal consultation, call Law Offices of Fernando D. Vargas at 909-982-0707.