Read Some of the Most Commonly Held Misinformation About Accidental Death Cases in California
It is heartbreaking when a loved one passes away. Your life is abruptly thrust into an unexpected chapter, and you now have to deal with making funeral plans, paying for the hospital, and feeling depressed. If the negligence of another person caused your loved one’s death, you might be able to make a wrongful death claim.
There are many misconceptions about wrongful death claims and when it is appropriate to speak with an accidental death lawyer. If any of these fallacies apply to you, continue reading to find out, after which you may call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
Untrue: I do not need an accidental death attorney if I am already receiving life insurance benefits
Since the decedent had the foresight to get life insurance, you are in a better position than those who did not. Life insurance policies provide a single lump sum payout for the decedent’s estate; but, they do not cover possible lost wages, suffering, or additional medical costs. You must bring a wrongful death claim for this.
Untrue: It is unfair to assign blame for the accident to anyone
You might not want to assign blame or think that there was no malice involved when dealing with the death of a loved one. However, there may be cause for a wrongful death lawsuit when someone dies as a result of another person’s negligence.
Potentially untrue: I cannot bring a wrongful death claim
According to California law, three categories of persons are eligible to make a claim for the decedent’s wrongful death:
If the decedent had no surviving children, the claim may be made by the decedent’s living children, the children of deceased children, the surviving spouse, domestic partner, or those who would inherit the deceased’s property intestate.
A dependent, such as a presumed spouse, stepchildren, or parents who are the responsibility of a deceased person. A putative spouse is someone who, despite the fact that their marriage is fake, believes it to be real.
A minor who depended on the deceased for at least half of their income and lived with them for the previous 180 days.
If you fit any of those criteria, you should speak with an accidental death lawyer.
Potentially untrue: The procedure will be rather lengthy
It may take a while to file a claim and see it through to completion. However, your accidental death attorney is there to help with that. Your attorney will put forth a valiant effort to win the compensation to which you are entitled. The complexity of the issues affects how long the lawsuit takes. Additionally, almost all cases are settled before they even get to trial, greatly reducing the amount of time it takes to reconcile the case.
Call Law Offices of Fernando D. Vargas at 909-982-0707 to schedule a free legal consultation as soon as possible if you are ready to learn more about how Law Offices of Fernando D. Vargas may assist you with your accident death case.