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Not Everyone Can File a Claim Through a Wrongful Death Lawyer in Ontario CA

There is nothing worse than losing a loved one – expect losing a loved one due to the negligence of another party. When you know that the accident did not need to have occurred if the other party had acted differently, it can feel impossible to get over the loss.

While a wrongful death lawyer in Ontario CA cannot bring your loved one back, we might be able to hold the at-fault party accountable for their actions. However, not everyone is eligible to file this claim. Keep reading to find out if you are, and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation with a personal injury attorney.

Certain Family Members and Their Personal Representatives Can File a Wrongful Death Claim

According to state law, a person can file a wrongful death if the deceased is a close family member. The state considers this to be spouse, domestic partners, and children of the deceased. A grandchild can be file a claim but only if their parents are also deceased, and any other minor child who was dependent on the deceased for at least half of their financial support. A common example is a stepchild.

If there are no living close family members of the deceased, then any party that would be entitled to their property of the deceased due to intestate succession.

Not All Deaths Are Legally Wrongful Deaths

In order for a death to be considered a “wrongful death,” the death must have occurred due to someone acting negligently or recklessly. This can come from a car accident, medical malpractice, assault and battery, slip and fall accidents, a dog bite, drowning, toxic tort, and others. This is not a full list, so please call us if your family member’s cause of death is not listed.

You Might Be Able to Recover Compensation for a Number of Damages

Depending on the specifics of your case, your wrongful death lawyer in Ontario CA might be able to fight for compensation for a long list of damages, including medical bills, funeral, and burial costs, lost income, lost financial support, and lost companionship.

Note that a wrongful death case is not the same as a survival claim. In a survival claim, the plaintiff seeks to recover on behalf of the deceased party, while in a wrongful death case, the victim is the person who has lost a loved one.

Call Now for a Free Consultation with a Wrongful Death Lawyer in Ontario CA

If you have lost a loved one and believe that you might be eligible to file a wrongful death lawsuit, then we welcome you to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free consultation with a wrongful death lawyer in Ontario CA.