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The Important Distinctions Between a Personal Injury Case and a Wrongful Death Case

The Important Distinctions Between a Personal Injury Case and a Wrongful Death Case

Many individuals mistakenly assume that wrongful death and personal harm are the same thing. Others argue that survival claims are nearly identical to wrongful death lawsuits. Others have lost a loved one and are unsure of the terms or who to contact. Contacting Law Offices of Fernando D. Vargas for a free first consultation is always the best option. We can guide you through the process and help you understand your alternatives.

Personal injury, survival claims, and wrongful death are all defined in this article

To grasp the distinction between personal injury and wrongful death situations, it is necessary to first define each term. Personal injury and survival claims exist to recompense an injured individual for their suffering, economic losses, and agony. They have an effect on the individual who is impacted. When the wounded individual is still alive, a lawsuit is brought.

If the injured victim dies, their personal injury case can be continued through a survival cause of action under California state law. A wrongful death case, on the other hand, is meant only for the beneficiaries of a deceased individual. They are entitled to compensation for pecuniary losses, as well as pain and suffering, if a wrongful death action is successful.

A wrongful death lawsuit is not available to everyone

Any individual who would be able to inherit money or property under California’s probate legislation would be qualified to pursue a wrongful death cause of action, to put it simply. Depending on the circumstances, this might include:

  • The wife or spouse who is still alive
  • The victim’s children
  • The deceased’s dependent stepchildren
  • The survivor of the domestic partnership
  • Parents of the deceased person’s dependent children
  • Minor children who had been living in the victim’s household for 180 days or more and relied on the deceased for 50% or more of their maintenance.

It is conceivable for many people to file a wrongful death case under these principles.

It is critical to respond quickly

There are deadlines for bringing wrongful death lawsuits, so it is critical to contact Law Offices of Fernando D. Vargas right away. We provide a free first consultation during which we will review your circumstances and provide you with our legal opinion on whether you have a case.

There are several compelling reasons to act now, including:

  • Defining and proving responsibility
  • The ease with which all prospective defendants in a wrongful death lawsuit may be identified
  • Any and every evidence should be saved
  • Making a decision regarding whether or not an estate should be established
  • Demonstrating the extent of economic losses
  • Putting a monetary value on non-economic losses

Wrongful death cases are unquestionably difficult and need the services of an attorney with extensive knowledge and expertise. We can gather all of the required papers, collaborate with detectives, and contact expert witnesses to substantiate your case at the Law Offices of Fernando D. Vargas. To get started, call us at 909-982-0707 now.


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