Wrongful Death

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Wrongful Death Lawyer in Rancho Cucamonga, CA

The death of a loved one is one of the most difficult things a person can experience. The pain, grief, and confusion is compounded for those who lose a loved one in a senseless and preventable accident.

If someone else’s negligence caused or contributed to the death of someone you love, the Law Offices of Fernando D. Vargas is here to help. Our bilingual law firm provides assistance to families all over the Inland Empire who’ve been affected by catastrophic accidents.

To discuss your case with an experienced and compassionate wrongful death lawyer near you, contact our Rancho Cucamonga law firm. You can also reach our office by phone at (909) 321-5706.

Who Can File a Wrongful Death Claim in California?

In the state of California, the following parties can file a wrongful death lawsuit:

  • The spouse or partner of the deceased
  • The surviving children of the deceased
  • The parents of the deceased
  • The deceased’s dependent minors
  • The deceased’s heirs or next of kin
  • A personal representative of the deceased’s estate

If you’ve lost a loved one in a fatal accident and wonder if you can file a wrongful death claim, feel free to contact our law firm to discuss what happened. We can outline your legal options as part of a free case evaluation.

How Long Do I Have to File a Wrongful Death Claim?

In California, you typically have two years from the date of a loved one’s death to file a wrongful death claim. Once that two-year statute of limitations has passed, you will no longer be able to seek legal action.

It’s important to note that there are exceptions to the two-year statute of limitations depending on the nature of the fatal accident. This is why it’s in your best interests to contact our Rancho Cucamonga law firm as soon as possible to speak with our wrongful death attorney.

Why Choose the Law Offices of Fernando D. Vargas

Founded in 1995, the Law Offices of Fernando D. Vargas brings experience and compassion to every case we work on. In addition to high Avvo ratings and numerous accolades from legal organizations, there are other reasons why people in San Bernardino County come to us when they need a trusted and capable accident attorney.

Experience Working for Insurance Companies on Accident Cases

Attorney Fernando D. Vargas started his legal career in 1987 working for insurance companies as a defense lawyer. He knows how insurance companies operate, and the ways they try to lowball settlement payouts and argue cases in court. He uses that firsthand knowledge to negotiate better settlements and build stronger legal cases for clients.

Personal Attention to the Needs of the Client

You, your family, and your grief matter to us. Attorney Fernando D. Vargas will personally work on every wrongful death case. He will always be accessible to clients 24/7. When questions or concerns arise, do not hesitate to reach out. We encourage you to read our past client testimonials to get a sense of what our law firm can offer bereaved families in need of legal guidance.

Se Habla Español: Legal Services in Spanish

To best serve the Hispanic community in San Bernardino County and the Inland Empire, it’s important to have fluent Spanish speakers. Fernando D. Vargas is fluent in Spanish, and many of his legal staff are fully bilingual as well.

Free Legal Consultations

After the death of a family member, your primary concerns are mourning your loss and trying to plan for the future. At our Rancho Cucamonga law office, your first consultation is free of charge. This allows you to get honest advice from a qualified wrongful death lawyer without incurring any additional financial burdens.

Representation on a Contingency Fee Basis

Our team works on a contingency fee basis. That means if we work on your wrongful death case, we will only get paid if we can secure a settlement or win damages from a jury in court. If we can’t win, you owe us nothing. Wrongful death clients know they have our full support when they come to our law office.

Contact an Experienced Wrongful Death Lawyer in Rancho Cucamonga

If you’ve lost a loved one in a tragic accident, it’s important that you consult a lawyer you can trust. At the Law Offices of Fernando D. Vargas, we strive to offer sound counsel and reassurance during a difficult time. To set up a free case review with a skilled wrongful death attorney near you, contact our Rancho Cucamonga law office.

Fatal Traffic Accidents

According to data from the California Office of Traffic Safety (OTS), there were 539 crashes in Rancho Cucamonga that caused injuries or fatalities in 2022. Whether you lost a loved one in a motor vehicle collision or they succumbed to their injuries after the collision, you can trust the team at the Law Offices of Fernando D. Vargas to provide counsel through the legal process.

Fatal Car Crashes

Serious car accidents can happen at any time of day, from regular commuter hours to late nights and weekends. These crashes could happen on major highways throughout the Inland Empire or local surface streets. Our law office can make sure reckless and negligent drivers are held accountable then their actions result in the death of another driver on the road.

Fatal Drunk Driving Collisions

When drunk and intoxicated drivers get behind the wheel, it puts countless lives at risk. When working on DUI wrongful death cases, attorney Fernando D. Vargas will help families seek compensation that covers the full scope of the tragic and preventable loss.

Fatal Semi-Truck Collisions

A crash with a big rig can cause severe and even fatal injuries. This is particularly true if commuter vehicles are involved in jackknife or underride collisions with 18-wheelers and other kinds of commercial trucks. When working on wrongful death cases that involve large commercial truck accidents, our law office is not afraid to hold negligent truck drivers or trucking companies accountable.

Fatal Motorcycle Accidents

According to data from the Safe Transportation Research and Education Center (SafeTREC), there were 47 fatalities from catastrophic motorcycle accidents in San Bernardino County in 2021. Our law firm can help surviving family members hold negligent drivers and other parties accountable if their actions caused or contributed to a fatal motorcycle crash.

Fatal Train and Mass Transit Accidents

Accidents involving city buses, coaches, or Amtrak and Metrolink trains can lead to major injuries that could prove fatal. Whether taking on local transit authorities or national coach and train companies, our legal team will help bereaved families seek just compensation.

Fatal Bike and Pedestrian Accidents

When pedestrians or bicyclists are struck by motor vehicles, the injuries are often catastrophic. When serious bike accidents or pedestrian accidents claim someone’s life, attorney Fernando D. Vargas can help families seek compensation and hold the negligent party liable.

Fatal Accidents on Someone Else’s Property

A premises liability lawsuit holds property owners accountable for injuries sustained by guests and customers. Our law office can similarly hold San Bernardino County property owners accountable if negligence on their part contributed to or directly caused someone’s death.

Fatal Slips, Trips, and Falls

A major fall down stairs or off the edge of a structure could prove fatal. Our law firm can determine if faulty maintenance, poor safety standards, or other preventable hazards at a property contributed to the fatal accident.

Fatal Worksite and On-the-Job Injuries

When fatal accidents on construction sites or at workplaces claim the lives of bystanders or employees, our law firm can advocate for the affected families. This includes claims for accidents that are immediately fatal as well as fatal health conditions caused by long-term exposure to dangerous substances.

Fatal Fires and Electrical Accidents

When fires and electrical accidents happen at a property, the results can be disastrous. The same is true when sprinkler systems malfunction, wiring is shoddy or exposed, or smoke alarms fail. Our law firm can make sure property owners are held liable for endangering people on the premises, whether the site is a workplace, a business, a hotel, or an apartment complex.

Fatal Dog and Animal Attacks

Though rare, severe dog bites and animal attacks could prove fatal. This is particularly true when these attacks involve young children or the elderly. Our law office can hold the owners of dogs or exotic pets accountable when their animals are not properly attended to in public or at a private residence.

Fatal Drowning and Swimming Pool Accidents

The state of California has a number of laws related to public swimming pools as well as swimming pools at private homes. If a loved one drowned at a pool, be sure to discuss what happened with attorney Fernando D. Vargas. Our team can let you know if a lack of lifeguards or other safety measures is grounds for taking legal action.

Speak with a Rancho Cucamonga Wrongful Death Lawyer About Your Loss

No matter how your loved one passed away, our law firm is here to offer our condolences and diligent legal counsel. Our bilingual legal team can help Spanish-speaking families throughout the Inland Empire. For a free consultation with a caring wrongful death lawyer in Rancho Cucamonga, contact the Law Offices of Fernando D. Vargas.

Survival Action vs. Wrongful Death: What Is the Difference?

In addition to a wrongful death lawsuit, it is also possible to file a survival action. There’s a key difference between survival action and wrongful death claims:

  • A wrongful death claim compensates the deceased’s next of kin for the losses they experienced as a result of their loved one’s death.
  • A survival action compensates the deceased’s estate for the losses the estate suffered as a result of the liable party’s actions prior to death.

Can I File Both a Survival Action and a Wrongful Death Claim?

Yes, and it may be worth consolidating legal actions depending on the circumstances of your case. During your consultation at our law office in Rancho Cucamonga, we can discuss wrongful death and survival action claims in greater detail and how your case should proceed.

Compensation After a Fatal Injury Accident

When families seek damages for the wrongful death of a loved one, the compensation is typically used to address the following losses:

  • Funeral expenses
  • Medical expenses prior to the loved one’s death
  • Damage to belongings or property 
  • Loss of the loved one’s future earnings
  • Emotional pain and suffering
  • Loss of consortium

Our team can review all of the ways the death of your loved one has affected your household. We can then identify all of the out-of-pocket expenses and financial losses related to the fatal accident.

Punitive Damages in a Survival Action

Punitive damages are intended to punish liable parties for their actions. While punitive damages are rarely if ever awarded in wrongful death lawsuits in California, it may be possible to be awarded punitive damages in a survival action.

As we discuss what happened to your loved one, our legal team can let you know if it’s possible to seek punitive damages in your case. This is part of how we will determine the value of your legal claim as we seek compensation for you and your household.

Can I Still File a Wrongful Death Claim If My Loved One Was Partly at Fault?

Yes. Even if your loved one was partly to blame for the fatal incident, you can still file a wrongful death lawsuit and receive damages. This is because California is a pure comparative negligence state.

Pure comparative negligence means that you can still receive damages even if your loved one was 99% at fault. The percentage of liability will be deducted from the damages awarded. As your wrongful death attorney, Fernando D. Vargas can let you know if it is better to accept a pre-trial settlement rather than go to trial in such situations.

Request a Free Case Evaluation at Our Rancho Cucamonga Law Firm

Grieving families throughout San Bernardino County can trust the Law Offices of Fernando D. Vargas. We are ready to listen and to provide honest legal advice about what steps to take next. Remember that you pay us nothing unless we can secure compensation for you. To set up a free case review with an experienced wrongful death attorney, contact our law firm in Rancho Cucamonga, CA.